Legal Question in Family Law in Texas

I can't afford the filing fee to file a divorce petitio I drafted myself. Is there any way to avoid the filing fee?


Asked on 8/29/10, 5:36 am

1 Answer from Attorneys

David Ortiz Law Office of David Ortiz

You need an affidavit of inability to pay court cost. Check with the court clerk, they may have the form or the go to the law library. You qualify if you are on public assistance or else you have to prove to the court that you are unable to pay cost. If you need help email me at [email protected]

This is the Rule.

Tex. Rules of Civil Procedure:

RULE 145. AFFIDAVIT ON INDIGENCY

(a) Affidavit. In lieu of paying or giving security for costs of an original action, a party who is

unable to afford costs must file an affidavit as herein described. A "party who is unable to

afford costs" is defined as a person who is presently receiving a governmental entitlement

based on indigency or any other person who has no ability to pay costs. Upon the filing of

the affidavit, the clerk must docket the action, issue citation and provide such other

customary services as are provided any party.

(b) Contents of Affidavit. The affidavit must contain complete information as to the party's

identity, nature and amount of governmental entitlement income, nature and amount of

employment income, other income, (interest, dividends, etc.), spouse's income if available

to the party, property owned (other than homestead), cash or checking account, dependents,

debts, and monthly expenses. The affidavit shall contain the following statements: "I am

unable to pay the court costs. I verify that the statements made in this affidavit are true and

correct." The affidavit shall be sworn before a notary public or other officer authorized to

administer oaths. If the party is represented by an attorney on a contingent fee basis, due to

the party's indigency, the attorney may file a statement to that effect to assist the court in

understanding the financial condition of the party.

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Answered on 9/03/10, 4:19 pm


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