Kentucky Divorce Fee Waiver: How to File Without Paying Court Costs

Kentucky's base divorce filing fee is $188, plus county-specific surcharges that can push the total to $250 or more. For someone leaving a financially controlling marriage or living near the poverty line, that amount can be the barrier between filing and staying stuck.

The state's In Forma Pauperis (IFP) process lets you waive those costs entirely — but you need to know which form to file, what the judge evaluates, and what the waiver actually covers.

Form AOC-026: Motion for Waiver of Costs and Fees

This is the form that requests the court to waive your filing fees and service costs. You file it simultaneously with your Verified Petition — don't file the petition alone and try to add the waiver later, because the clerk will ask for payment at filing time.

The form asks for:

• Your monthly household income from all sources
• Monthly expenses (rent, utilities, food, medical, childcare)
• Assets (bank accounts, vehicles, real property)
• Number of dependents
• Whether you receive government assistance (SNAP, TANF, Medicaid, SSI)

Everything on AOC-026 is declared under oath. The judge reviews it and either signs the order at the bottom of the form or denies it.

Income Thresholds

The court evaluates your eligibility under the Supreme Court's Sliding Scale of Indigency (Administrative Order 2026-08), which references the Federal Poverty Guidelines.

If your household income falls at or below 100% of the Federal Poverty Guidelines, you should qualify for a full waiver. For context, the 2026 FPL for a single person is approximately $15,060 annually — about $1,255/month.

Judges have discretion above that threshold. If your income is slightly above the guidelines but your expenses (medical bills, childcare, debt payments) leave you unable to pay court fees, the judge can still grant the waiver. The key is documenting your actual financial picture, not just reporting income.

Receipt of means-tested benefits — Medicaid, SNAP, TANF, SSI — is strong evidence of inability to pay and most judges treat it as presumptive eligibility.

What the Waiver Covers

Covered:

• The base $188 filing fee
• County library, facility, and technology surcharges
• Service of process costs (certified mail fee, sheriff service fee)

Not covered:

• Private attorney fees — the waiver applies to court costs only
• Private process server fees if you choose one over the sheriff
• Warning Order Attorney deposits (typically $150-$200) — though some circuits will waive the WOA deposit for IFP-approved litigants, this varies
• Parenting education class fees ($40-$80 per parent)
• Costs of obtaining certified copies of the final decree

What Happens If the Judge Denies Your Motion

If the waiver is denied, you have 30 days to either pay the filing fee or appeal the decision. The denial should include the judge's reasoning.

Common denial reasons:

• Income above the threshold without documented hardship
• Insufficient expense documentation (listing "miscellaneous" instead of itemized costs)
• Undisclosed assets — if the judge learns you have substantial savings or property you didn't list, the motion fails

You can refile with more detailed documentation if the initial motion was denied for insufficient evidence rather than straightforward ineligibility.

Filing Strategy

File AOC-026 with your petition, not after it. The clerk's office processes payments at the time of filing. If you show up without either the fee or the waiver motion, they'll send you home.

Be thorough, not dramatic. Judges see these motions daily. A clean, complete financial picture — actual numbers with supporting context — is more persuasive than an emotional narrative about hardship.

Include proof of benefits. If you receive SNAP, Medicaid, SSI, or TANF, bring a copy of your approval letter or benefits card. This shortens the judge's analysis significantly.

The waiver applies to the respondent too. If you've been served with divorce papers and can't afford to file a response or counterclaim, you can file your own AOC-026 as the respondent.

The Kentucky Divorce Filing Process Guide walks you through the fee waiver process step by step, including how to document your expenses for maximum approval odds — so financial hardship doesn't keep you locked out of the court system.

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