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?
1 Answer from Attorneys
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.