Guide

How to Afford a Divorce When You Have No Money

Financial barriers shouldn't trap you in a marriage you need to leave. Whether you're dealing with financial abuse, limited income, or simply don't have savings, there are real options available. Here's how to make divorce affordable — or even free.

1. Court Fee Waivers

Every state offers fee waivers for people who can't afford filing fees. You may qualify if:

•You receive government benefits (SNAP, TANF, SSI, Medicaid, Section 8)

•Your household income falls below 125–150% of the federal poverty level

•Paying the fee would prevent you from affording necessities

How to apply: Request a fee waiver form from the court clerk (commonly called "In Forma Pauperis" or "Application to Proceed Without Payment"). File it with your divorce petition. If approved, you pay nothing to file.

What's waived: Filing fees, service of process fees, court costs, and sometimes even fees for certified copies.

2. Legal Aid Organizations

Legal aid societies provide free legal representation to qualifying low-income individuals. Most require income below 125–200% of the federal poverty level.

How to find legal aid:

•Visit lawhelp.org — a directory of free legal services by state

•Call your state bar association's referral line

•Contact your local courthouse's self-help center

•Call 211 for local resource referrals

What legal aid provides:

•Full representation in divorce proceedings

•Help with paperwork and court filings

•Advocacy in custody disputes

•Protection order assistance

Priority cases: Legal aid organizations typically prioritize cases involving domestic violence, children at risk, or significant power imbalances.

3. Pro Bono Attorneys

Many family law attorneys take a certain number of pro bono (free) cases each year. Bar associations coordinate pro bono programs that match low-income individuals with volunteer attorneys.

How to access pro bono help:

•Contact your state or local bar association's pro bono program

•Ask legal aid organizations for referrals

•Check with law school clinics in your area (supervised students handle real cases)

•Contact domestic violence organizations — they often have attorney networks

4. Unbundled Legal Services

If you don't qualify for free help but can't afford full representation, unbundled (limited scope) services let you hire an attorney for specific tasks only:

•Document review: $200–$500 — attorney reviews your settlement agreement

•Legal coaching: $150–$300/session — attorney advises you on strategy while you handle the process

•Court appearance only: $500–$1,500 — attorney represents you at a specific hearing

•Drafting a specific motion: $300–$800

This approach gives you professional guidance at a fraction of full representation costs.

5. Payment Plans

Many family law attorneys offer payment plans for clients who can't pay upfront:

•Monthly installments: Pay a smaller retainer ($500–$1,000) and the rest over 3–12 months

•Sliding scale fees: Some attorneys adjust their hourly rate based on your income

•Flat fee arrangements: A set price for the entire uncontested divorce, often payable in installments

Ask specifically: Not all attorneys advertise payment plans, but many will accommodate them if you ask directly.

6. Borrowing Options (Use Carefully)

If you need to borrow, consider these options — but be cautious about taking on debt:

•Personal loan from credit union: Often lower rates than banks; some credit unions have hardship programs

•0% APR credit card: Use for specific divorce expenses and pay off within the promotional period

•Borrowing from family: If possible, this avoids interest charges

•Divorce financing companies: Specialty lenders exist, but interest rates are high (15–30%); use as last resort

Avoid: Raiding retirement accounts (penalties + taxes), payday loans, or running up joint credit card debt (which your spouse may be liable for).

7. Reduce the Cost Itself

The best way to afford divorce is to minimize what it costs:

•File pro se — handle the paperwork yourself for a simple uncontested divorce

•Use online divorce services — $150–$500 for document preparation

•Choose mediation over litigation — one mediator costs less than two attorneys

•Use free tools — our divorce cost calculator and budget planner help you prepare without paying for professional advice

•Don't fight over low-value items — spending $3,000 in legal fees to win a $2,000 asset is a losing proposition

8. Domestic Violence Resources

If you're leaving an abusive situation, additional resources are available:

•National Domestic Violence Hotline: 1-800-799-7233

•Legal advocacy through DV organizations: Free legal help with divorce and protection orders

•Emergency funds: Some organizations provide grants for divorce-related expenses

•Safe housing programs: Shelter and transitional housing while you establish independence

Creating a Divorce Budget

Even with limited resources, having a plan helps. Consider:

1. What's the minimum filing cost in your state? (Use our calculator to check)

2. Do you qualify for a fee waiver?

3. Can you handle an uncontested divorce pro se?

4. What specific legal tasks do you need help with?

5. What will your post-divorce monthly budget look like? (Try our budget planner)

You Have Options

Being broke doesn't mean being stuck. Between fee waivers, legal aid, pro bono attorneys, and DIY options, there's almost always a path to divorce regardless of your financial situation. The key is knowing what resources exist and being willing to do some of the work yourself.

Start by understanding your costs — use our divorce cost calculator to see what you're looking at in your specific state and situation.

Divorce Cost Calculator