Court
The filing fee, paid to your county clerk, is what civil indigent status can waive or defer. This is a government cost, not something Amicably sets or collects.
Home › Guides › Can't Afford the Filing Fee? Florida's Civil Indigent Status, Explained
Can't Afford the Filing Fee? Florida's Civil Indigent Status, Explained
If you cannot afford Florida's divorce filing fee, the court has a built-in answer: the Application for Determination of Civil Indigent Status. File it with your petition, and the clerk can waive the filing fee and the summons fee for households at or below a set income level, at no cost to ask.
This guide explains who qualifies, how to apply, what happens if the clerk says no, and which costs the waiver does and does not touch.
What civil indigent status covers
Civil indigent status is a statewide determination the clerk makes on a standard form, not a judge's ruling and not a discount code. You file it alongside your divorce petition (or with your first paper if you are the respondent), and the clerk decides that same visit whether you qualify.
When approved, it waives two things on the standard court fee schedule: the divorce filing fee and the fee to issue a summons if your case needs one. It does not erase every cost in a divorce case, and it has nothing to do with what a document-preparation service or attorney charges for their own work. More on that distinction below.
Who qualifies: the income and asset test
The clerk applies two tests from the same statute.
Income test: your household income must be at or below 200% of the federal poverty guidelines for your household size. This is the main gate, and it is checked against gross household income, not just your own paycheck.
Asset test: even under the income threshold, the statute presumes you are not indigent if you hold non-exempt assets of a set value or more, excluding your homestead and one vehicle. A modest savings cushion usually will not disqualify you; a second property or a large account balance can.
Route note: this application works the same way whether you are filing a simplified dissolution, an uncontested divorce with no children, or an uncontested divorce with children. All three still pay the same statewide filing fee schedule to open the case, so all three can use the same waiver form.
How to apply, step by step
- Get the current Application for Determination of Civil Indigent Status. Some clerks post their own version of the same statewide form (Miami-Dade's is numbered CLK/CT.480, for example); use your county's own copy if it publishes one, otherwise use the statewide form from flcourts.gov.
- Fill in your household size, income sources, and the value of any non-exempt assets. Be specific and be honest; the form is signed under penalty of perjury.
- File the application together with your petition, either on paper at the clerk's family filing counter or attached to your case when you e-file through the Florida Courts E-Filing Portal.
- Wait for the clerk's determination. Clerks decide indigent status from the application itself, and many counties rule the same day at the counter.
- If approved, enroll in the clerk's payment plan for the deferred costs and pay the one-time administrative fee.
- If denied, you can ask for a hearing so a judge reviews the decision, at no charge.
What happens after you file
- Same visitYou submit the application with your petition; the clerk reviews your household income and asset answers against the statutory test.
- Same visit, usuallyThe clerk marks you indigent or not indigent directly on the form and tells you the result before you leave the counter (or, for e-filed cases, when the case is docketed).
- If approvedYour filing fee and summons fee are waived. Other charges, like certified copies, are deferred rather than erased, and you enroll in the clerk's payment plan.
- If deniedYou can request a judge review the denial, free of charge, instead of paying the fee outright.
See if you qualify in 3 minutes
Free eligibility check. If your divorce qualifies, Amicably prepares every Florida court document for a flat $99, reviewed by a specialist, with step-by-step filing help.
Check my eligibilityIf the clerk says no
A denial is not the end of the road, and it is not a fee to appeal it. The form itself tells you how to ask for review: you check a box requesting a hearing, and a judge looks at the same application, free of charge. Bring anything that supports your numbers, pay stubs, a benefits letter, a lease showing your rent, since the judge is reviewing the same income and asset test the clerk applied.
If the judge also denies indigent status, the filing fee is due before the clerk will open your case. Some clerks let you pay the filing fee over time on a payment plan even without indigent status; ask at the family filing counter, since this varies by county.
The fee waiver vs Amicably's flat fee
These are two separate charges from two separate places, and the waiver only touches one of them.
Amicably
Our fee for preparing every document in your divorce packet is $99 flat, paid in full, no matter how the court rules on your fee waiver application. This fee is for our preparation and review work, not the court's costs.
We prepare your complete, court-ready packet and walk you through filing it step by step; you are the one who files with the clerk, whether or not you are also filing the civil indigent status application. If you already know you cannot afford the filing fee, apply for civil indigent status at the same time you file, using the steps above.
What the waiver doesn't cover
Approval waives specific line items. It does not turn a divorce into a free process end to end.
| Cost | Effect of an approved waiver |
|---|---|
| County filing fee | Waived |
| Summons issuance fee (if a summons is needed) | Waived |
| Certified copies, record searches, and similar clerk charges | Deferred, not erased; usually added to a payment plan with a one-time administrative fee |
| Sheriff's service of process, if formal service is needed | Waived in most counties for approved applicants |
| Newspaper publication, in a missing-spouse case | Switched to free clerk posting instead of paid publication |
| Parenting course fee, if there are minor children | Not covered; paid to the course provider, not the clerk |
| Online notarization session fee | Not covered; a separate service, not a court cost |
| Amicably's document preparation fee | Not covered; a separate flat $99 fee, unrelated to the court's costs |
A few counties also charge every unrepresented party a small administrative fee that applies whether or not you are indigent. Check your county clerk's fee schedule for anything specific to where you are filing.
Frequently asked questions
What is civil indigent status in a Florida divorce?
It is a determination the county clerk makes, using a standard statewide application, that your household income and assets fall below a set threshold. If approved, the clerk waives your divorce filing fee and summons fee.
Does civil indigent status cover Amicably's $99 fee?
No. Civil indigent status only affects court costs paid to the clerk, like the filing fee. Amicably's fee for preparing your documents is separate: $99 flat, paid in full, regardless of your fee waiver status.
What income level qualifies for a Florida filing fee waiver?
The general test is household income at or below 200% of the federal poverty guidelines for your household size, plus an asset test that excludes your homestead and one vehicle. Check the current guideline amount, since it changes each year, and ask your clerk's self-help center if you are unsure where you fall.
What happens if my application for civil indigent status is denied?
You can ask for a hearing so a judge reviews the same application, at no cost. If the judge also denies it, the filing fee is due before the clerk opens your case, though some counties offer a payment plan even without indigent status.
Do I still have to pay the parenting course fee if I'm approved?
Yes. The parenting course required in cases with minor children is paid directly to the course provider, not the clerk, so civil indigent status does not cover it.
Can I use Amicably's flat-fee service if I qualify for a filing fee waiver?
Yes. The two are independent. Amicably prepares your complete divorce packet for $99 flat, and you separately apply for civil indigent status with the clerk to address the court's own filing fee.
Ready to see your exact paperwork?
Answer a few plain-English questions and see which Florida route fits, what it costs, and every document you would need.
Start the free checkOfficial sources
Application for Determination of Civil Indigent Status (flcourts.gov) · Florida Family Law Forms (flcourts.gov) · Florida Rules of General Practice and Judicial Administration (The Florida Bar)
Amicably Document Team · Florida legal document preparers. We prepare complete, court-ready Florida divorce packets and give step-by-step filing help. We are not a law firm, we do not give legal advice, and you file your own documents with the court.