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My spouse is in jail. Can I get a divorce for $1, and if so, how?

Fort Worth, TX |

I keep hearing that I can get a really cheap divorce if my wife goes to prison. Is that true? We have children, but we have both lost all parental rights. I know I can file for divorce myself, but if I can avoid paying the 271 filing fee that would be great.

I live in TX

Attorney Answers 3


  1. The price of the divorce is not affected by the fact your spouse is in prison - although it may be easier to serve her while she is in prison.

    You can only get the filing fee waived if you are indigent and don't have the funds.


  2. According to the Pro Se Divorce Guide from the State Bar of Texas, "If you cannot afford the filing fee, you must file an Affidavit of Inability to Pay Court Costs, which you must sign in the presence of a notary public, at the same time you file your Petition. If the Judge accepts your Affidavit of Inability to Pay Court Costs, your filing fee and other court costs will be waived."

    http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/FamilyLaw/ProSeDivorceBookEnglish.pdf


  3. There is a site in Texas (www.cheaptxdivorce.com) that can help you prepare the papers for $149. However, you will have to file an affidavit indicating to the court that you cannot afford the filing fees. Good luck to you and God bless you.

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