Minnesota Divorce Fee Waiver: IFP Eligibility and How to Apply

What the Fee Waiver Covers

Filing for divorce in Minnesota costs roughly $380–$425 depending on the county. For joint petitions, both spouses split one fee. For sole petitions, the petitioner pays the full amount upfront.

If you can't afford the filing fee, Minnesota law allows you to apply for In Forma Pauperis (IFP) status under Minn. Stat. § 563.01. An approved IFP order can waive court fees and costs, but only the costs specifically stated in the order. Depending on the order, this may include:

• The initial filing fee and other court filing fees
• Costs for copies or certified copies of the decree
• Service or publication costs when the order directs them to be paid
• The parent education course fee only if the provider waives or reduces it

IFP does not automatically cover attorney or mediator fees. Whether a private process-server or publication cost is covered depends on the order and the court's directions; do not assume third-party expenses are covered.

Who Qualifies

You may qualify for IFP in Minnesota if you meet any of these criteria:

Presumptive eligibility: you currently receive means-tested public assistance — Minnesota Family Investment Program (MFIP), Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income (SSI), or General Assistance.

Legal-aid representation: you are represented by an attorney from a legal-aid or volunteer-attorney program.

Income-based eligibility: your gross household income is at or below 125% of the federal poverty guidelines. For 2026, that translates to roughly:

• 1-person household: approximately $19,950/year
• 2-person household: approximately $27,050/year
• 3-person household: approximately $34,150/year
• 4-person household: approximately $41,250/year

Hardship basis: even if your income exceeds the 125% threshold, a judge can grant IFP status if you demonstrate that paying court fees would prevent you from covering basic necessities — rent, food, medical expenses, and utilities. This is a discretionary determination, so you'll need to show specific financial hardship, not just general budget tightness.

How to Apply

The fee-waiver packet includes FEE101 instructions and FEE102, the affidavit available free from mncourts.gov. The affidavit asks for detailed financial information: your income from all sources, monthly expenses, assets, debts, and whether you receive public assistance.

Submit the completed FEE102 with your petition when you file your case. If you realize you need the waiver after you've already filed, you can submit the application later — but you'll need to ask whether fees already paid can be refunded (policies vary by county).

A judge reviews the application, usually without a hearing. If approved, the court enters an order waiving all or part of the specified fees and costs. Current Minnesota instructions state that a fee waiver is good for one year.

Tips for a Strong Application

Be thorough. List every source of income and every recurring expense. An incomplete form delays the decision and may result in a denial that you'd otherwise avoid.

Attach documentation. While not always required, including recent pay stubs, a benefits verification letter, or a budget summary strengthens your application. A judge who can quickly verify your numbers is more likely to approve.

Don't overstate or understate. Inflating expenses or hiding income can result in IFP being revoked — and potentially sanctions. Honest, complete disclosure is the safest approach.

What Happens If You're Denied

If the waiver is denied, you will need to pay the required fees and costs unless the court grants another request.

If you cannot pay all fees but do not qualify for a full waiver, ask whether the court can order a $75 or partial payment under Minn. Stat. § 563.01.

Filing With Limited Resources

The Minnesota Divorce Filing Process Guide includes a fee waiver eligibility walkthrough and detailed instructions for completing the IFP application, alongside the broader step-by-step filing process for all four dissolution pathways.

See more Minnesota guides →