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How to Get a Virginia Divorce Filing Fee Waiver | Virginia Law Help

How to Get a Virginia Divorce Filing Fee Waiver

Read this in: Español

Reviewed by: Valerie L'Herrou

Every Virginia court charges a fee when you file a divorce case. If you cannot afford to pay, you can ask the court to waive the fee. This means the court agrees not to charge you.

You must request the waiver at the same time you file your divorce. You cannot ask for it later.

You may also need to pay a separate service fee if the sheriff delivers paperwork to your spouse. This fee can also be waived. You do not need the service fee if your spouse agrees to waive service.

You can estimate what your fees will be using the Virginia Courts calculator.

Do I qualify for a fee waiver? 

You likely qualify for a fee waiver if you receive public benefits like SNAP or TANF, or if your income is low enough to qualify for legal aid.

Either way, be prepared to share complete information about all your income and expenses.

Note: If the information you provide is not truthful or does not accurately reflect your financial status, you could be charged with perjury (lying under oath).

How do I request a fee waiver? 

There are three ways to request a fee waiver.

Option 1: Use the DIY Divorce tool

The DIY Divorce interview asks whether you want your fees waived. If you say yes, it will ask follow-up questions and produce a fee waiver document to file with your other papers.

Option 2: Use Virginia Legal Aid's free online fee waiver tool

This tool walks you through the process and generates the official court form for you to print, get notarized, and bring when you file.

Option 3: Fill out a form at the clerk's office

You can also fill out a fee waiver form by hand at the clerk's office when you go to file.

Filing the fee waiver

The steps depend on which option you used above.

If you used the DIY Divorce tool, your document is called a Motion and Order to Proceed without Payment of Fees/Costs. Follow these steps:

  1. Sign the Motion in front of a notary. By signing, you are swearing that your financial information is true. Make sure everything is accurate. Signing something you know is false can have serious consequences.
  2. Sign the Order. Sign where it says "I ask for this."
  3. Bring both documents when you file. Include the Motion and the Order with your Complaint at the court.
  4. Follow up with the clerk's office. Call about two weeks after filing to find out if your request was approved.

If you used Virginia Legal Aid's online tool, your document is called a Petition for Proceeding in a Civil Case Without Payment of Fees or Costs. Simply sign the form and submit it with your divorce papers.

What if my request is denied? 

If the court denies your fee waiver, you must pay the filing fee before you can finalize your divorce.

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