While researching filing for my own divorce and representing myself pro se, I came across a way to file for free without having to pay the $140.00 filing fee. It takes a little longer than it would if you were to use an attorney or file pro se and pay the fee, but if you can’t afford to hire an attorney or pay the filing fee and want to get divorced there is a way to do it. It’s called Forma Pauperis which means “in the form of a pauper.”
First, you have to get the court’s approval by filing a Petition For Leave To Proceed In Forma Pauperis. This document needs to be filed before you file your Complaint For Divorce. You will have to prepare this document yourself. Your document has to be on 8 1/2″X 11″ white paper. I prepared my document using a 1 1/2″ margin at the top of the first page and a 1″ margin on the right and left sides. It would be a good idea to call the circuit clerk in your county and ask them if there are any certain format requirements for documents that you file.
So there isn’t any confusion, the parts you need to type in your document are in bold.
At the top in CAPS and centered, type IN THE CIRCUIT COURT OF THE COUNTY YOU LIVE IN, ARKANSAS. Substitute the name of the county you actually live in for THE COUNTY YOU LIVE IN. On the next line, type DOMESTIC RELATIONS DIVISION. Everything after this needs to be double-spaced. On the next line on the left-hand side type your name in CAPS. Set your tabs to 6.5″ aligned to the right. If the format for the side margins are different than mine, you’ll have to adjust your tab accordingly. Tab once and type in PLAINTIFF. On the next line center and type VS. ________________. The clerk will write the file number for your case in the blank. On the next line type in your spouse’s name in CAPS, tab once and then type in DEFENDANT. Underneath that you’ll need to center and type PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS.
Go to the next line and clear your tabs. Tab once and type:
Comes now your name, Plaintiff, who hereby petitions the court for leave to proceed In Forma Pauperis does allege and states:
The following paragraphs are going to be numbered. Tab once and type the number followed by a period and then tab again to start your paragraph.
The first paragraph is:
1. That Plaintiff, a resident of the State of Arkansas, has prepared and desires to file with this Court a Complaint for Divorce.
The second paragraph:
2. That plaintiff’s only income is:
Here you’ll need to tell the judge what your income is and where it comes from, such as wages, child support, etc. and how often you receive it.
The third paragraph:
3. That plaintiff’s income barely suffices to meet the costs of daily essentials of life and includes no allotment that could be budgeted to pay for court fees and costs incident to this proceeding.
The fourth paragraph:
4. That plaintiff has no other income in addition to that described above and no means of paying such costs without being reduced to total impoverishment. An Affidavit in Support of Request to Proceed In Forma Pauperis is attached as Exhibit “A”.
The fifth paragraph:
5. Plaintiff believes that he/she is entitled to the relief requested in the accompanying complaint and that such action is not brought for a frivolous or malicious purpose.
Below is the last paragraph of your document. This paragraph does not need to be numbered, but it still needs to be double-spaced. Tab once and type:
WHEREFORE, plaintiff prays that the court enter an order allowing the plaintiff to prosecute this action in form pauperis and that the plaintiff may have the necessary writs and processes without payment of fees or costs for the same.
For this next line you’ll want to tab over about 6 or 7 times, assuming that your default tab is set at .5″ and type:
Respectfully submitted,
Add a few blank lines leaving yourself room to sign. Tab over 6 or 7 times so that your next line will line up to the left with the line above. This part is single-spaced. Type in:
___________________________________
Your name,
PLAINTIFF
Your Street Address
Your City, Arkansas Zip
Your Phone Number
Enter a few blank lines. Now you’ll type in the Acknowledgment for a Notary Public to sign.
Type ACKNOWLEDGMENT and center it on the page.
This next part is also single-spaced. Tab once and type:
On this day before the undersigned, a Notary Public, duly qualified and acting in and for the county and state aforesaid personally appeared your name, known to me or satisfactorily proven whose name appears as PLANTIFF in the foregoing instrument, and stated that he/she had executed the same for the uses and purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal this _________ day of _____________, 20__.
Enter a few blank lines so that the notary has room to sign. Tab over 6 or 7 times like you did above and add the following:
________________________________
Notary Public
On the next line type the following aligned to the left:
My Commission Expires:
_______________________
(SEAL)
Now you’ll need to prepare an Affidavit In Support Of Request To Proceed In Forma Pauperis. This will need to be attached to your Petition For Leave To Proceed In Forma Pauperis. Using the same guidelines for your other document, at the top At the top in CAPS and centered, type IN THE CIRCUIT COURT OF THE COUNTY YOU LIVE IN, ARKANSAS. On the next line, type DOMESTIC RELATIONS DIVISION. On the next line on the left-hand side type your name in CAPS. Set your tabs to 6.5″ aligned to the right unless the required format is different. Tab once and type in PLAINTIFF. On the next line center and type VS. ________________. The clerk will write the file number for your case in the blank. On the next line type in your spouse’s name in CAPS, tab once and then type in DEFENDANT. Underneath that you’ll type AFFIDAVIT IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS.
Clear your tabs. On the next line tab once and type:
I, your name, being first duly sworn, depose and say that I am the plaintiff in the above entitled cause; that in support of my petition to proceed without being required to prepay fees, costs or to pay the costs of said proceeding or to give security therefore; that I believe I am entitled to redress.
On the next line, tab once and type the following paragraph:
I further swear that the responses, which I have made to questions and instructions below, are true:
The following are questions that you will answer. The question will be typed in paragraph form and numbered. You will also have sub-questions to the main questions. You’ll need to put these in sub-paragraph form like an outline. Tab once, type the number followed by a period and tab again and begin your first question. Remember when answering the questions that it is very important to be honest. These documents will be public record and if you lie, you be charged with criminal perjury. Also, your petition will be denied.
The first question:
1. Are you presently employed?
Drop down to the line below and tab over twice and type in your answer. Here you will answer YES or NO.
The sub-questions:
Tab over twice and type in (A) tab again and type the following question. For your answer, drop down to the line below and tab over three times and type in your answer. Use this same format for questions B and C.
(A) If the answer is yes, state the amount of your salary or wages and give the name and address of your employer.
If you answered YES to the question that asked if you were presently employed, you need to give the name and address of the company you work for. You need to state the amount you are paid before taxes and how often you are paid, i.e., weekly, bi-weekly, monthly.
(B) If the answer is no, state the date of last employment and the amount of the salary and wages which you received.
If you answered NO to the question that asked if you were presently employed, you’ll need to state the last day that you worked and what you were paid before taxes and how often you were paid. You do not need to give the name and address of your former employer.
(C) Have you received within the past twelve (12) months any money from any of the following sources? If the answer to any of the following is yes, describe each source of money and state the amount received from each during the past twelve (12) months. Again, it is very important to be honest when answering these questions. If you’ve had any other income from what you’ve already stated, then you’ll need to state those sources and how much you received here.
Tab over three times and type the following questions. On the next line, tab over four times and type your answer.
a. Business, profession or any form of self-employment?
You’ll answer YES or NO. If you are currently employed and worked for another employer in the past 12 months other than the employer you currently work for, you will need to state that here, as well as the total amount you received from that employer during the past 12 months. Any income you’ve received from being self-employed or any form of being self-employed will need to be stated here, i.e., if you mowed lawns. You’ll need to specify the source of the income and the total amount you received in the past 12 months.
b. Rent payments, interest or dividends?
You’ll answer YES or NO. If you rent out a room of your home or own another home that you rent out, you’ll need to state the total amount you’ve received in the past 12 months. Also, if you’ve received interest or dividends you’ll need to state the source and total amount here.
c. Pensions, annuities or life insurance payments?
You’ll answer YES or NO. State the source and the total amount you received if your answer is yes.
d. Gifts or inheritances?
You’ll answer YES or NO. State the source and the total amount you received if your answer is yes. If anyone has given you money, you’ll need to state their name and the total amount they have given you.
e. Any other sources?
You’ll answer YES or NO. State the source and the total amount you received if your answer is yes.
On the next line you’ll tab over once, type the number followed by a period and tab over again for each of these paragraphs. On the line underneath, tab over twice and type your answer.
2. Do you own any cash, or do you have money in a checking or savings account? If the answer is yes, state the total amount in each account.
You’ll answer YES or NO. You’ll need to state each account that your name is on even if you don’t access money out of the account. For example, if your child has a savings account and your name is on it, you can state that this is your child’s account and what the total amount is that is in the account.
3. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? If the answer is yes, describe the property and states its approximate value.
You’ll answer YES or NO. If your answer is yes, you’ll need to state the type of property that you own and it’s value. If you have something in writing where you loaned someone money, this is considered a note. Anything you own that is expensive should be listed, such as antiques, expensive jewelry, guns, etc. If you’ve filed for food stamps, your answer here should be the same as how you answered this question on your food stamp application.
4. List the people who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support.
You’ll answer YES or NO. List everyone that lives in your household that you provide support for and how much of their support you provide. Do not list anyone who rents a room from you. If you provide support for anyone else that is not in your household, list their names and the amount of support and how often you pay. If you pay child support, you’ll need to list the children’s name you pay support for and how much you pay and how often.
On the next line, tab once and type this next paragraph:
I understand that a false statement or answer to any of the questions in this affidavit will subject me to penalties of perjury.
Enter a few blank lines leaving yourself room to sign and type the following:
___________________________________
Your name,
PLAINTIFF
Your Street Address
Your City, Arkansas Zip
Your Phone Number
Enter a few blank lines. Now you’ll type in the Acknowledgment for a Notary Public to sign.
Type ACKNOWLEDGMENT and center it on the page.
This next part is also single-spaced. Tab once and type:
On this day before the undersigned, a Notary Public, duly qualified and acting in and for the county and state aforesaid personally appeared your name, known to me or satisfactorily proven whose name appears as PLANTIFF in the foregoing instrument, and stated that he/she has read and subscribed to the above and affirms that the information contained therein is true and correct of his/her own knowledge, information and belief. IN WITNESS WHEREOF, I have hereunto set my hand and seal this _________ day of _____________, 20__.
Enter a few blank lines so that the notary has room to sign. Tab over 6 or 7 times like you did above and add the following:
________________________________
Notary Public
On the next line type the following aligned to the left:
My Commission Expires:
_______________________
(SEAL)
Now you’ll need to prepare and Order To Grant Leave To Proceed In Forma Pauperis. Using the same guidelines for your other document, at the top At the top in CAPS and centered, type IN THE CIRCUIT COURT OF THE COUNTY YOU LIVE IN, ARKANSAS. On the next line, type DOMESTIC RELATIONS DIVISION. On the next line on the left-hand side type your name in CAPS. Set your tabs to 6.5″ aligned to the right unless the required format is different. Tab once and type in PLAINTIFF. On the next line center and type VS. ________________. The clerk will write the file number for your case in the blank. On the next line type in your spouse’s name in CAPS, tab once and then type in DEFENDANT. Underneath that you’ll type and center ORDER TO GRANT LEAVE TO PROCEED IN FORMA PAUPERIS.
Go to the next line and clear your tabs. Tab once and type this paragraph:
On this day comes on to be heard the petition of your name, that he/she be permitted to prosecute the above action in forma pauperis. The Court being satisfied of the truth of the facts alleged and good cause appearing thereto, IT IS HEREBY ORDERED:
These next paragraphs are numbered. Tab once, type the number followed by a period. Tab again and start your paragraph.
1. That your name be authorized and permitted to prosecute the above-captioned action against your spouse’s name, in forma pauperis.
2. That the Clerk of the Court shall receive and file any necessary forms or pleadings incident to petitioner’s action without requiring the payment of fees or costs.
3. That the sheriffs of the counties of the State of Arkansas shall serve writs or processes incident to petitioner’s action without requiring the payment of fees or costs.
4. That no other officer shall require of the petitioner any fee or cost incident to this action.
Enter a few blank lines so that the judge has room to sign, tab over 6 or 7 times for each of the lines below and type the following:
__________________________
JUDGE
__________________________
DATE
After you’ve printed out your documents, do not sign them until you are in front of a notary. At the clerk’s office in my county, the clerk was a notary and did not charge me to notarize my documents. Once you’ve signed all the documents, you will take them to the county clerk along with your Complaint for Divorce. The clerk will let you know which judge you will need to give your paperwork to. Usually, you’ll give the paperwork to the judge’s case coordinator with your name and phone number and then he/she will contact you after the judge has reviewed it. If the judge grants your petition, he/she will sign the Order To Grant Leave To Proceed In Forma Pauperis. You will then take all of your documents, including your Complaint For Divorce and file them with the clerk. You can then proceed with having your divorce papers served on your spouse.
