Nebraska Divorce Fee Waiver: How to File In Forma Pauperis

The standard filing fee for a divorce in Nebraska is $164 at the District Court clerk's office, with some counties adding local surcharges that push the total closer to $200. If that amount is a genuine hardship, Nebraska allows you to request a fee waiver through the in forma pauperis (IFP) process.

"In forma pauperis" is Latin for "in the manner of a pauper." It's a formal legal mechanism — not charity — and it has specific eligibility requirements and paperwork.

Who Qualifies

Nebraska uses a household income threshold to evaluate IFP applications. Generally, you need to demonstrate that your household income falls at or below 125% of the federal poverty guidelines. For 2026, that works out to roughly:

• Single person: approximately $19,950/year
• Household of two: approximately $27,050/year
• Household of four: approximately $41,250/year

These are approximations — the court looks at your full financial picture, not just a single number. A judge may grant the waiver even if your income is slightly above the threshold if you can demonstrate unusual expenses (medical debt, for example) that make the filing fee a genuine burden.

Conversely, having a low income doesn't guarantee approval. If the court finds that you have assets or other resources sufficient to cover the filing fee, the application may be denied.

The Application Process

You'll file two forms with the Clerk of the District Court:

Form DC 6:7.1 — Request to Proceed Without Payment of Court Fees. This is your formal request to the court. It includes a section where you describe your financial situation.

Form DC 6:7.2 — Financial Affidavit. This is the supporting documentation. You'll list your income from all sources, monthly expenses, assets (bank accounts, vehicles, property), debts, and the number of dependents in your household. The affidavit must be signed under penalty of perjury.

Both forms are available for free from the Nebraska Judicial Branch website under the self-represented litigant resources.

The Timing Catch

Here's the part that surprises most people: the IFP application must be reviewed and signed by a judge before the clerk will accept your Complaint for filing without the fee. You can't file the Complaint and apply for the waiver simultaneously.

The practical sequence looks like this:

1. Complete your IFP forms (DC 6:7.1 and DC 6:7.2)
2. Submit them to the Clerk of the District Court
3. The clerk forwards the application to a judge for review
4. The judge either grants or denies the waiver; review time varies by county
5. If granted: file your Complaint for Dissolution without paying the fee
6. If denied: you must pay the full filing fee to proceed

This means the IFP process adds a few days to your timeline. Plan accordingly — the 60-day cooling-off period under § 42-363 doesn't start until after you file and complete service of process.

What the Waiver Covers

An approved IFP waiver covers the District Court filing fee. It may also cover:

• Service of process costs (sheriff's fee of $30–$60) if the court orders the sheriff to serve at no charge
• Some court-ordered mediation costs

It does not automatically cover:

• Attorney fees (if you choose to hire a lawyer)
• Parenting education class fees ($25–$100), though many ODR-approved providers offer reduced rates for income-qualified participants
• Certified copies of the final decree ($2–$5 per page)

If Your Application Is Denied

A denial means you must pay the filing fee to file the divorce case. You can:

• Ask the clerk what review or reapplication options are available if your financial circumstances change
• Explore Legal Aid of Nebraska's free pro se divorce clinics, which help income-qualified filers complete their paperwork at no cost

Legal Aid of Nebraska runs monthly clinics in several counties. They don't provide legal representation, but they walk you through the forms and filing process. The income threshold for Legal Aid services is typically 125% of the federal poverty line — the same ballpark as the IFP standard.

Filing the Rest of Your Case

Once the fee waiver is approved, the rest of the divorce process proceeds identically to any other case. You'll file the Complaint, serve your spouse, observe the 60-day waiting period, and either attend a prove-up hearing or submit a hearing waiver.

The Nebraska Divorce Filing Process Guide covers the full filing sequence — including how to prepare the IFP application alongside your initial complaint packet so you're ready to file the moment the waiver is granted.

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