Florida's court filing fees run a few hundred dollars, due in full at the moment a divorce petition is filed. For a household without that much cash available at once, Florida law provides a specific process to ask the clerk of court to waive it: civil indigent status.
What This Guide Covers: How Florida's civil indigent status process works for a divorce filing fee waiver, the income and asset tests the clerk applies, what the application asks for, when to file it, what it does and doesn't cover, and what happens if the clerk says no.
What Is Civil Indigent Status?
Civil indigent status is a determination made by the clerk of court that a person cannot afford to pay filing fees and certain other court costs. It is requested using the Application for Determination of Civil Indigent Status, a form developed by the Florida Clerks of Court Operations Corporation and approved by the Florida Supreme Court. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 */}
The legal standard the clerk applies comes from Florida Statute 57.082, and the fees a granted application can waive are set out in Florida Statute 57.081. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 /} {/ source: https://www.flsenate.gov/laws/statutes/2025/57.081 */}
This process applies broadly across Florida civil cases, including the fee for filing a petition for dissolution of marriage, whether the case proceeds as a regular dissolution or as a simplified dissolution.
The Income Test
Florida Statute 57.082 sets the primary qualifying standard: an applicant is indigent when their income is equal to or below 200 percent of the federal poverty guidelines prescribed for their household size by the U.S. Department of Health and Human Services. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 */}
The application asks the applicant to report net income, meaning total salary and wages minus deductions required by law, such as court-ordered support payments already being paid. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 */}
Because the federal poverty guidelines are updated annually and vary by household size, the exact dollar threshold changes each year. The clerk's office or the application instructions have the current figures at the time of filing.
The Asset Test and the Presumption Against Indigency
Income is not the only factor. Florida Statute 57.082 creates a presumption that an applicant is not indigent if they own, or have equity in, property with a net equity value of $2,500 or more. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 */}
Two categories of property are excluded from that calculation:
- The applicant's homestead
- One vehicle with a net value not exceeding $5,000
A presumption is not an automatic denial. It shifts the burden onto the applicant to explain the circumstances, which the clerk, and later a court on review, can weigh alongside the rest of the application. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 */}
What the Application Asks For
The Application for Determination of Civil Indigent Status must include, at minimum, financial information covering the applicant's net income. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 */} In practice, this means the applicant lists:
- Household size and the income of each household member
- Wages, salary, and other sources of income, minus legally required deductions
- Property owned, including real estate, vehicles, and other assets with significant value
- Existing court-ordered support obligations being paid
If someone appears at the clerk's office and needs help completing the application, the clerk is required to assist them. If the applicant still cannot complete it, the clerk notifies the court. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 */}
How and When to File
The application generally needs to reach the clerk before, or at the same time as, the case itself. Lake County's clerk of court directs applicants to submit the completed application at the Central Intake Section before the underlying court case is filed. {/* source: https://www.lakecountyclerkfl.gov/departments/courts-management/indigent-status/ */}
Filing procedures can vary somewhat by county, since each clerk's office administers intake locally. Confirming the exact submission process, including whether it can be done online, by mail, or only in person, with the clerk in the county where the divorce will be filed is the reliable way to avoid a delay at intake.
What Gets Waived, and What Doesn't
A granted application under Florida Statute 57.081 can waive several categories of court costs, not just the initial filing fee: {/* source: https://www.flsenate.gov/laws/statutes/2025/57.081 */}
- The filing fee and the charge for issuing a summons
- Costs of service of process by a sheriff
- Fees for certified copies of orders or a final judgment
- A single photocopy of documents filed with the clerk
- Certain examining, mediation, and subpoena fees
Lake County's clerk notes that even when the filing fee and summons charge are waived, applicants remain responsible for other costs like service fees from a private process server, copy fees beyond what is covered, and notary fees. {/* source: https://www.lakecountyclerkfl.gov/departments/courts-management/indigent-status/ */}
Exactly which costs a granted application waives, and which remain the applicant's responsibility, can differ by clerk's office. Reviewing the approval notice from the specific clerk handling the case is the way to know what is actually covered.
For context on the base filing fee itself before any waiver, Flagler County's clerk lists the fee for both regular and simplified dissolution of marriage cases as $408, though the exact figure is set at the county level and can differ elsewhere. {/* source: https://flaglerclerk.gov/courts/family-court/dissolution-of-marriage/ */}
If the Clerk Denies the Application
A denial by the clerk is not the end of the process. Florida Statute 57.082 gives an applicant the right to seek review of the clerk's determination in the court that has jurisdiction over the case, and no filing fee applies to that review request. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 */}
On review, the court considers the same statutory income and asset criteria the clerk used, along with other evidence of hardship the applicant presents. {/* source: https://www.flsenate.gov/laws/statutes/2025/57.082 */}
When Indigent Status Isn't Available: The Payment Plan Alternative
Not everyone who struggles to pay a filing fee in full meets the statutory income and asset tests. Pasco County's clerk describes a separate option for that situation: a payment plan contract that allows the filing fee to be paid in smaller, monthly installments rather than as a single lump sum. {/* source: https://www.pascoclerk.com/Faq.aspx?QID=265 */}
Pasco County's clerk notes that setting up this payment plan includes a $25 administrative fee added when the contract is signed, separate from the underlying filing fee itself. {/* source: https://www.pascoclerk.com/Faq.aspx?QID=265 */} Payment plan terms and availability are set locally, so checking with the specific clerk's office is the way to know what a payment plan would look like in that county.
Common Mistakes to Avoid
- Waiting to submit the application until after the case is already filed, rather than before or alongside it
- Leaving out household members' income, which affects the household-size calculation
- Overlooking property that pushes net equity above the $2,500 presumption threshold without addressing it in the application
- Assuming a denial by the clerk is final, when a no-cost review by the court is available
- Assuming an approved application waives every cost in the case, rather than confirming which specific fees remain
Frequently Asked Questions
What is civil indigent status in Florida?
Civil indigent status is a designation the clerk of court can grant to someone who cannot afford court filing fees and costs. Under Florida Statute 57.082, a person applies using the Application for Determination of Civil Indigent Status, and the clerk reviews the application against income and asset criteria set by state law.
What income qualifies for a Florida filing fee waiver?
Under Florida Statute 57.082, an applicant is considered indigent when household income is at or below 200 percent of the federal poverty guidelines for their household size, as published by the U.S. Department of Health and Human Services.
Can I still qualify if I own property?
Owning property does not automatically disqualify an applicant, but Florida Statute 57.082 creates a presumption against indigent status if the applicant has net equity of $2,500 or more in property, other than a homestead and one vehicle worth $5,000 or less. That presumption can be addressed in the application.
When do I file the fee waiver application for my Florida divorce?
The Application for Determination of Civil Indigent Status is generally submitted to the clerk before or together with the petition that opens the case. Lake County's clerk, for example, directs applicants to submit the application at the Central Intake Section before the case is filed.
What happens if the clerk denies my application?
Florida Statute 57.082 allows an applicant to seek review of a clerk's denial in the court having jurisdiction over the case, and no filing fee applies to that review. A judge then considers the same statutory criteria, along with other evidence of financial hardship, to make a final determination.
Does civil indigent status waive every cost in my divorce case?
No. Civil indigent status waives filing fees and the cost of issuing a summons. Costs like service of process by a private process server, notary fees, and certified copies are handled differently by county, so confirming with the specific clerk's office is the reliable way to know what is and is not covered.
How Virdix Helps With Florida Filing Costs
Virdix supports Florida's uncontested, simplified dissolution process, including preparing the paperwork that goes to the clerk alongside a fee waiver request.
- Guided questionnaires that turn your answers into the correct Florida forms
- Plain-language guidance through each step of the simplified dissolution filing
- A fee waiver checker to help you see whether a waiver may apply before you go to the clerk's office
Check whether a filing fee waiver may apply using the fee waiver checker, or explore the required paperwork on our forms page.
Start Your Florida Simplified Dissolution Paperwork →
Last updated: September 2026. This article is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult with a licensed Florida family law attorney.
Sources: Florida Statute 57.082, Florida Statute 57.081, Lake County Clerk of Court, Indigent Status, Pasco County Clerk, Filing Fee FAQ, Flagler County Clerk of Court, Dissolution of Marriage