Maine Divorce Fee Waiver

If you can't afford the court fees for a Maine divorce, you can apply for a fee waiver that covers the filing fee, summons cost, and potentially even mediation and service fees. The application is straightforward, but the documentation requirements are specific.

What a Fee Waiver Covers

A granted fee waiver under Administrative Order JB-05-26 can cover:

• The $120 filing fee
• The $5 summons fee (FM-038)
• Sheriff service costs ($25–$50)
• CADRES mediation fees ($80 per party)

The waiver doesn't cover attorney fees or costs for private services like process servers or document preparation. It covers the court-imposed administrative costs.

How to Apply

You'll file two forms with the District Court clerk:

Form CV-067 — Application to Proceed Without Payment of Fees. This is the formal request. It asks for basic information about your case and states that you're unable to pay.

Form CV-191 — Supporting Financial Affidavit. This is where you document your financial situation in detail: income from all sources, public assistance status, monthly expenses, assets, and debts. The form requires an honest, complete picture — the court uses this to decide.

Both forms are filed directly with the court. They're confidential and are not shared with your spouse.

Who Qualifies

The court evaluates eligibility based on federal poverty guidelines and your overall financial picture. You'll generally qualify if:

• Your household income falls below 200% of the current Federal Poverty Level
• You receive means-tested public assistance (TANF, SNAP, MaineCare/Medicaid, SSI)
• You can demonstrate that paying the fees would prevent you from meeting basic living expenses

The poverty guidelines are updated annually by the federal government, so the exact income threshold changes each year. The court has discretion to consider your individual circumstances — there's no bright-line cutoff that automatically approves or denies you.

When to File the Application

File your fee waiver application with your complaint and other initial paperwork when you file the case, after service. If the waiver is granted, the clerk processes your case without collecting fees. You don't need to wait for a decision before preparing the rest of your filing.

If you're already mid-case and encounter a fee you can't pay (like the CADRES mediation fee), you can file the fee waiver application at that point.

What Happens If You're Denied

If the court denies your fee waiver application, you have seven days to pay the filing fee. If you don't pay within that window, the court dismisses your case.

A denial isn't necessarily the end — if your financial circumstances change (job loss, medical emergency, loss of public benefits), you can file a new application with updated documentation.

Tips for a Stronger Application

Be thorough on CV-191. List every source of income and every monthly expense. Courts are more likely to grant waivers when the financial picture is complete rather than vague.

Include proof of public assistance. If you receive TANF, SNAP, or MaineCare, attach documentation. Public assistance status is strong evidence of financial need.

Don't overstate your assets. The affidavit is sworn under oath. Misrepresenting your financial situation can result in denial, revocation of a previously granted waiver, or contempt of court.

File early. A denied fee waiver with only seven days to pay puts you under unnecessary time pressure. Filing with your initial paperwork gives you the most room to respond.

For a walkthrough of the complete filing process — including where the fee waiver application fits in the sequence of forms and deadlines — the Maine Divorce Filing Process Guide covers each step for both fee-waiver and standard-fee filings.

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