Guidelines for Reduced Divorce Fees in New York

By Wayne Thomas

Obtaining a divorce in New York is not free. However, the state legislature has recognized that a lack of financial resources should not prevent spouses from terminating a marriage. Individuals who cannot pay the necessary filing and other court fees may request a fee waiver from the court by filing the appropriate paperwork. If the judge approves the application, some or all of your court costs may be avoided. However, copying fees and other trial preparation costs, including expert witnesses, may still be your responsibility.

Paperwork

The process for obtaining a fee waiver for a divorce in New York starts with submitting a request to the court. This is usually done prior to filing any divorce paperwork; the request must include an Affidavit and proposed Poor Person Order. The affidavit is a sworn statement listing your income, property owned and persons you support. You must also attest to the court in the document that you do not currently have the necessary resources to pay the filing fee. The affidavit will be reviewed by the judge and used to approve or deny the proposed order.

Notice

If you submit your fee waiver request before the divorce action is filed, there are no other parties to notify and service of process is not required at that time. However, if your fee waiver request is submitted after the initial divorce filing, you are required to serve your spouse and New York City Corporation Counsel’s office with the proposed order and affidavit.

Divorce is never easy, but we can help. Learn More

Ruling on the Request

Once the affidavit and proposed order have been received by the court, a judge will consider all of the information your provided and determine whether you qualify for poor person status. The judge will then either approve or deny the proposed order, sign it, and indicate which fees you are not required to pay. This may include the costs of starting the action, known as a filing fee, costs associated with a jury demand, as well as the costs of appealing an unfavorable court ruling.

Additional Costs

It is important to note that while poor person status can exempt you from the payment of certain court costs and filing fees, you may be responsible for other expenses associated with finalizing a divorce. If you and your spouse disagree about one or more aspects of the divorce, a trial will be necessary and may lead to additional costs related to preparing for the hearing, such as costs associated with copying documents. Further, if expert witnesses are necessary, such as testimony from a therapist in a custody matter, you may be responsible for his or her travel costs and participation fee.

Divorce is never easy, but we can help. Learn More
How to File for Divorce in Connecticut Without Any Money

References

Related articles

How Much Does it Cost to Patent Something in Canada?

According to the Canadian Intellectual Property Office (CIPO), a patent is the right to sole ownership of an invention. A patent allows the inventor to prevent anyone else from “making, using or selling” the invention. The Canadian patent process is similar to the process in the United States. There are several different types of fees that must be paid. These cover the costs of the approval process and maintenance of the patent.

Affidavit of Inability to Pay Costs for Divorce

When you file a divorce petition, you are asked to pay a filing fee. If you cannot afford to pay it, you may be able to waive the fee by completing an affidavit called an Affidavit of Inability to Pay Costs, or as it is known in many states, an Affidavit of Indigency. If it's granted, your request affects only the filing costs, and not the overall costs of divorce itself. The financial requirements for filing an Affidavit of Inability to Pay Costs and receiving the waiver vary among states.

How to Get a Copy of a Will in the State of New Jersey

A will is a document created by a person that sets forth that person's wishes for the distribution of his property after he dies. To give legal effect to the will of a New Jersey resident, the will must be filed with a New Jersey Surrogate's Court. After the will has been filed with the Surrogate's Court, it becomes a public record, accessible by any interested individual. Obtaining a copy of a will filed in a New Jersey Surrogate's Court requires filing a records request with the appropriate New Jersey Surrogate's Court.

Get Divorced Online

Related articles

How to File for Divorce in Arizona if Indigent

If you don't have the money to file for divorce in Arizona, the court may be able to waive your filing fees. As an ...

Is There a Way to Get a Free Divorce in West Virginia?

Utilizing the services of the West Virginia courts can cost money. Even if you choose to represent yourself in a ...

How to Get a Divorce If I Don't Have the Filing Fee

Being unable to file your divorce because you can't pay the filing fee is frustrating, but there is help available. ...

Filing Divorce Papers in North Carolina Without Paying Court Costs

Filing for divorce can be expensive, forcing you to stay in an unhappy marriage if money is tight. However, if you ...

Browse by category
Ready to Begin? GET STARTED