Fee Waiver for Massachusetts Divorce: Affidavit of Indigency

The $215 filing fee for a Massachusetts divorce is a real barrier when you are leaving a marriage with limited access to cash. The Affidavit of Indigency exists precisely for this situation — it is a formal, statutory process under M.G.L. c. 261, §§ 27A–27G that waives court fees for litigants who cannot afford them. It is not charity and it is not discretionary generosity; it is a legal right with defined eligibility criteria.

Who Qualifies

You are automatically eligible for a fee waiver if any of the following apply:

• You receive public assistance (MassHealth, TAFDC, EAEDC, SSI, or Massachusetts veterans' benefits)
• Your household income is at or below 125% of the federal poverty guidelines
• You can demonstrate that paying the fees would deprive you or your dependents of the necessities of life (food, shelter, clothing, medical care)

The third category is the broadest and most commonly used in divorce cases. You do not need to be destitute. If you are a stay-at-home parent whose spouse controls the household finances, or if you are leaving an abusive relationship with no independent income, you likely qualify even if the household's total income exceeds the poverty guidelines — because you do not have meaningful access to that income.

What the Waiver Covers

An approved Affidavit of Indigency waives:

• The $200 filing fee and $15 surcharge ($215)
• The $5 domestic relations summons fee (for 1B or fault filings)
• Sheriff or constable service fees
• Costs of certified copies
• Other normal court fees and costs, such as fees for issuing or certifying papers and photocopies

The waiver does not cover attorney fees or the cost of private services (mediators, financial advisors, QDRO preparation). But it eliminates the upfront court costs that otherwise prevent filing.

How to File

The form is the Affidavit of Indigency and Request for Waiver, Substitution, or State Payment of Fees and Costs — Form CJD 440. It is available at any Probate and Family Court clerk's office or online from the Massachusetts Trial Court website.

You file the affidavit at the same time you file your divorce complaint or joint petition. The clerk reviews it, and in most cases the waiver is approved at the counter if your documentation supports eligibility. If the clerk has questions or if the other party (or the court) objects, a judge may hold a brief hearing.

On the form, you disclose your income, assets, monthly expenses, and any public benefits you receive. Be accurate — the affidavit is signed under penalty of perjury. But do not understate your needs, either. If you are about to separate from a household where your spouse earned the income, your individual financial picture is what matters.

If You Are Denied

If the clerk cannot approve your fee waiver because the affidavit is incomplete or does not adequately demonstrate indigency, the matter is referred to a judge. The judge may decide it without a hearing or notify you of a hearing. Denials can happen when the financial disclosure on the form is incomplete or contradictory.

If the request is denied, the filing fee is conditional and may be paid within five days under the general commencement rule. Ask the clerk for the applicable payment deadline if you cannot afford the fee.

Timing Considerations

Filing the Affidavit of Indigency does not slow down your divorce case. The waiver is processed at the time of filing, and your complaint or joint petition proceeds on the normal schedule. There is no separate waiting period for fee waiver review.

If your financial situation changes during the case — say you find employment or receive a settlement — the court can revisit the waiver. But this is uncommon in practice, and the court does not typically require ongoing proof of indigency after the initial approval.

The Broader Financial Picture

The filing fee is the smallest financial decision in a Massachusetts divorce. The choices you make about asset division, alimony, and debt allocation have consequences that run for years or decades. A fee waiver gets you through the courthouse door, but navigating the financial settlement requires understanding the rules that govern it.

The Massachusetts Divorce Financial Split & Asset Division Guide covers the full financial framework — the Rule 401 financial statement, asset and debt inventory, alimony calculations, and retirement division — regardless of whether you are represented by counsel or navigating the process on your own.

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