Kansas Divorce Fee Waiver: How to File Without Paying Court Fees

The base filing fee for a Kansas divorce is $173, plus county surcharges that bring the total to $195–$200. If you can't afford this, K.S.A. 60-2001(b) allows you to request a fee waiver through a Poverty Affidavit. Here's exactly how the process works.

What You Need to File

Two documents go to the clerk alongside your divorce petition:

1. Poverty Affidavit (Affidavit of Indigency). A sworn financial disclosure that details your current financial situation. You'll need to provide:

• Total monthly household income from all sources (employment, benefits, child support, disability)
• Any public assistance you receive (SNAP, TANF, Medicaid, SSI)
• Liquid assets — bank account balances, cash on hand
• Valuable property — real estate, vehicles, anything of significant value
• Total monthly household expenses — rent/mortgage, utilities, food, transportation, medical
• Number of dependents you support

2. Proposed Order Regarding Waiver of Filing Fee. A pre-drafted order for the judge to sign if they approve the waiver.

Both forms are available from the Kansas Judicial Council or through Kansas Legal Services' interactive tools.

How the Court Decides

The clerk forwards your Poverty Affidavit to the assigned judge, who evaluates your application against federal poverty guidelines. The judge considers your total household income relative to the poverty threshold for your family size.

As a general benchmark, households at or below 125% of the federal poverty level typically qualify. For 2026, that's approximately:

• 1 person: ~$19,000/year
• 2 people: ~$25,700/year
• 3 people: ~$32,400/year
• 4 people: ~$39,000/year

If the judge approves, they sign the Order and your case proceeds without prepayment of the filing fee. If denied, you'll need to pay the fee before your case can move forward.

What the Waiver Covers

An approved fee waiver covers the docket fee ($173 base + county surcharge). It does not cover:

• Notary fees for your Petition and Domestic Relations Affidavit ($5–$10)
• Certified copies of the final decree (~$12)
• Sheriff service fees ($15) if you use sheriff service
• Parenting class fees ($20–$60) if you have minor children

Some parenting class providers offer reduced fees for participants who can demonstrate financial hardship. Ask about this when you register.

Tips for a Successful Application

Be thorough. Incomplete affidavits get delayed or denied. Fill out every field, even if the answer is zero.

Attach documentation. While not always required, attaching recent pay stubs, benefit statements, or a public assistance letter strengthens your application.

File it with your petition. Submit the Poverty Affidavit at the same time as your divorce petition. Don't file the petition first and then try to add a fee waiver after the fact — some clerks will expect payment at the initial filing window.

Kansas Legal Services can help. KLS offers fee waiver interviews and assistance for qualifying individuals. If you're unsure whether you meet the threshold, they can help you assess eligibility and complete the paperwork.

The Kansas Divorce Filing Process Guide includes a fee waiver preparation checklist that walks you through every required disclosure, with notes on what judges look for when evaluating applications.

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