Idaho Divorce Fee Waiver: How to File Without Paying the $207 Filing Fee

When You Can't Afford the Filing Fee

The standard filing fee to open a divorce case in Idaho is $207, with some counties charging up to $221 when local technology surcharges are added. If you're unable to pay that amount, Idaho Code § 31-3220 and applicable court rules provide a process to ask the court to waive the filing fee. Submit the application with your filing and follow the court's ruling and the clerk's instructions.

If the court finds you indigent, Idaho Code § 31-3220(6) provides for process and service to be issued without charge through the court. Ask the clerk which other costs, if any, are covered by the order.

Eligibility: The Court Reviews Your Financial Information

Idaho Code § 31-3220 does not set a single income threshold. The court reviews the sworn application, including income, spouse's income, property, dependents, debts, and monthly expenses, to determine whether you qualify as indigent for the fee-waiver process.

The Forms You Need

Two forms are required for a fee waiver application:

Motion and Affidavit for Fee Waiver (CAO FW 1-9): This is your formal request and sworn financial statement combined. You'll provide:

• Your monthly income from all sources (employment, self-employment, public benefits, child support received, disability payments)
• Monthly expenses (rent/mortgage, utilities, food, transportation, childcare, medical costs)
• Assets (bank accounts, vehicles, real property)
• Debts and liabilities
• Number of dependents
• Whether you receive any form of public assistance

Everything in this affidavit is sworn under penalty of perjury, so accuracy matters. Overstating expenses or understating income can result in the waiver being denied — or revoked later if the court discovers the discrepancy.

Proposed Order Re: Fee Waiver (CAO FW 1-10): A draft order for the judge to sign. You prepare it; the court reviews your financial information and decides whether to grant the request. If it is denied, follow the notice's payment or resubmission instructions.

Both forms are available as free downloads from courtselfhelp.idaho.gov.

How to Submit the Application

File the fee waiver forms at the same time you file your divorce petition. Hand all documents to the clerk together and do not assume the fee is waived until the court rules on the application.

This is one situation where paper filing at the clerk window may be simpler. It lets you submit the initiating documents and fee-waiver application together; ask the clerk how the application will be processed and what to do if it is denied.

What Happens After You File

The court reviews the sworn financial information and issues an order or instructions. If the court finds you indigent, Idaho Code § 31-3220(6) provides for process and service through the court without charge. Ask the clerk which other costs are covered by the order.

If the application is denied, follow the notice's payment or resubmission instructions to keep the case active. Do not assume the waiver is granted while the application is pending; keep copies of the filing and monitor clerk instructions.

What the Fee Waiver Doesn't Cover

The order may not cover every case expense. Confirm these costs separately:

• Attorney fees — if you hire a lawyer, that's a separate expense
• Process server fees paid to a private company — though sheriff service fees may be waived
• Parenting class fees — the $20 to $40 cost for the Focus on Children class is paid directly to the class provider, not the court
• Newspaper publication costs — if you need service by publication, the newspaper charges its own fees ($100 to $250), which are separate from court costs
• Mediation fees — if your case involves court-ordered mediation, the mediator's fee is separate

If Your Financial Situation Changes

If you receive a fee waiver and your financial situation changes during the case, keep the court informed and follow any instructions in the waiver order. For a long or contested case, ask the clerk whether updated financial information is required.

The Idaho Divorce Filing Process Guide covers the fee waiver application as part of the pre-filing preparation checklist, with step-by-step instructions for completing the financial affidavit and integrating the waiver into your overall filing timeline.

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