An Affidavit of Indigency is an official request submitted to the court by a party who can’t afford to cover the court fees associated with a divorce process. In the document, a person needs to describe their financial situation in detail, elaborating on income and expenses, so that the court can clearly understand whether the request to waive divorce costs is well-grounded. If the court approves this request, filing fees will be waived. This form should be submitted along with the Original Petition for Divorce.
Download Affidavit of Indigency Form in PDF Format
In 2026, what everyone used to call the “Affidavit of Indigency” is officially – and insistently – known in Texas courts as the Statement of Inability to Afford Payment of Court Costs. Under the latest updates to Texas Rule of Civil Procedure 145, petitioners must use the standardized form approved by the Supreme Court of Texas. Unlike the old, custom-written affidavit, the current Statement is a detailed, multi-page financial snapshot covering income, government benefits, household expenses, and debts, all to ensure courts across Texas apply the same rules instead of making it up county by county.
Automatic Waiver and Prima Facie Evidence
One of the biggest 2026 changes is that fee waivers are no longer optional or vibe-based. If a petitioner is represented by a qualifying legal aid organization or provides proof of means-tested benefits (such as SNAP, SSI, or TANF), the clerk must accept the filing without upfront payment. That proof is prima facie evidence of indigency. The clerk cannot refuse to file your divorce petition because they have a “feeling” you could pay. They must file it first and can only challenge the Statement later through a formal motion and a hearing.
A successful Statement also waives more than just the filing fee. It covers all court-related costs, including citations, service by a sheriff or constable, and fees for court-appointed mediators or guardians ad litem. If the case is appealed, the waiver extends to the clerk’s record and the court reporter’s record as well. In short, it removes the financial barrier to both starting the case and finishing it.
Please note that the divorce documents provided in this article can only be used as samples. They may not be up-to-date or relevant to your divorce situation. Don’t let paperwork stand in your way to a new life. Order the needed divorce forms from us and start your marriage dissolution immediately.
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