In Forma Pauperis in Arkansas: How to Waive Divorce Filing Fees

What In Forma Pauperis Means for Your Divorce

In Forma Pauperis (IFP) is a legal term meaning "in the manner of a pauper." In practice, it lets you file a divorce case without paying the standard court fees if you can demonstrate that you can't afford them.

In Arkansas, the IFP process is governed by Rule 72 of the Arkansas Rules of Civil Procedure. If the judge grants your petition, the court waives the $165 filing fee (or $185 for eFlex electronic filing) and other court costs associated with your case.

Who Qualifies

There's no strict income cutoff written into Rule 72 — the judge has discretion to evaluate each petition individually. However, you'll generally qualify if:

• Your household income is near or below the federal poverty level
• You receive public assistance (SNAP, Medicaid, TANF, SSI)
• You have no significant savings or liquid assets
• Your monthly expenses consume all or nearly all of your income

The judge reviews your Financial Affidavit to make this determination. If you're employed but your expenses exceed your income after basic necessities, you may still qualify. The standard isn't destitution — it's whether paying the filing fee would cause genuine financial hardship.

How to File the Petition

You'll submit two documents along with your Complaint for Divorce:

1. Petition for Leave to Proceed In Forma Pauperis. This is a formal written request asking the court to waive filing fees. It's typically a one-page document stating that you are unable to pay the costs of the action without depriving yourself or your dependents of the necessities of life.

2. Affidavit in Support of IFP Petition. This is the financial disclosure that supports your claim. It requires you to list:

• All sources of income (employment, public benefits, support payments, disability)
• Monthly expenses (rent, utilities, food, transportation, medical, child care)
• Assets (bank accounts, vehicles, real property, investments)
• Outstanding debts (credit cards, medical bills, loans, judgments)
• The number of dependents you support

Both documents must be signed in front of a notary public. An unnotarized petition will be rejected by the clerk.

The Process After You File

The clerk accepts your Complaint and IFP petition but does not officially docket or open the case until the judge rules on your IFP request. The sequence:

1. You submit the Complaint, IFP Petition, and Financial Affidavit to the circuit clerk
2. The clerk forwards the IFP packet to the assigned judge
3. The judge reviews your financial disclosure and either grants or denies the petition
4. If granted, the judge signs an order waiving fees, and the clerk officially opens your case
5. If denied, you must pay the standard filing fee before the case proceeds

There's no hearing in most cases — the judge decides based on the paperwork alone. Some judges may request additional documentation if the affidavit raises questions.

What the Fee Waiver Covers

An IFP order typically waives:

• The circuit court filing fee ($165/$185)
• Service of process costs (sheriff fees, process server fees)
• Fees for certified copies of court documents
• Any other standard court costs in the case

It does not cover:

• Attorney fees (if you hire one)
• Costs of a court-approved parenting class
• Mediation fees
• Notarization costs (usually $5–$15 per document)

Common Mistakes That Delay the Petition

Incomplete financial disclosure. Leaving sections blank or writing "N/A" when the form asks for specific dollar amounts makes the judge unable to evaluate your situation. Fill out every line — write $0 if the answer is zero.

Failing to notarize. This is the most common rejection reason. Both the petition and the affidavit require notarization. Many banks, libraries, and UPS stores offer free or low-cost notary services.

Not including supporting documentation. While not always required, attaching a recent pay stub, a benefits award letter, or a bank statement strengthens your petition. Some judges specifically request supporting documents.

Filing IFP separately from the Complaint. Submit both at the same time. The clerk needs the Complaint to know what case the IFP petition applies to, and the Complaint won't be processed without either payment or a granted IFP order.

The Arkansas Divorce Filing Process Guide includes detailed instructions for the IFP petition, including what to write in each section of the Financial Affidavit.

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