If you cannot afford the fees in an Illinois divorce case, 735 ILCS 5/5-105 allows you to apply, in writing, for a waiver of court fees, costs, and charges. If the court finds you are an "indigent person" as the statute defines that term, it shall grant a full waiver entitling you to sue or defend without paying any of the fees, costs, and charges. If your available income is above 125% but not more than 200% of the poverty level, the statute directs a partial waiver of 75%, 50%, or 25%, unless your assets that are not exempt under Part 9 or 10 of Article XII of the Code are such that you are able, without undue hardship, to pay a greater portion.
What the waiver covers
Section 5-105(a)(1) defines "fees, costs, and charges" as payments imposed on a party in connection with the prosecution or defense of a civil action. The statute's non-exhaustive list includes fees set forth in Section 27.1b of the Clerks of Courts Act; fees for service of process and other papers served either within or outside this State, including service by publication; motion fees; charges for participation in, or attendance at, any mandatory process or procedure including conciliation, mediation, arbitration, counseling, evaluation, "Children First", "Focus on Children" or similar programs; fees for supplementary proceedings; charges for translation services; guardian ad litem fees; and all other processes and procedures deemed by the court to be necessary to commence, prosecute, defend, or enforce relief in a civil action.
Under 735 ILCS 5/5-105(h), nothing in the Section limits the authority of a court to order another party to the action to pay the fees, costs, and charges of the action.
The routes to a full waiver
Section 5-105(a)(2) defines an "indigent person" as any person who meets one or more of the listed criteria:
- The person is receiving assistance under one or more of the listed means-based governmental public benefits programs: Supplemental Security Income (SSI), Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), General Assistance, Transitional Assistance, or State Children and Family Assistance.
- The person's available personal income is 125% or less of the current poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code are of a nature and value that the court determines the applicant is able to pay the fees, costs, and charges.
- The person is, in the discretion of the court, unable to proceed in an action without payment of fees, costs, and charges and whose payment of those fees, costs, and charges would result in substantial hardship to the person or his or her family.
- The person is an indigent person pursuant to Section 5-105.5 of the Code.
"Poverty level" means the current poverty level as established by the United States Department of Health and Human Services (735 ILCS 5/5-105(a)(3)). Under subsection (b)(1), if the court finds that the applicant is an indigent person, the court shall grant a full waiver entitling the applicant to sue or defend the action without payment of any of the fees, costs, and charges.
Partial waivers above 125% of the poverty level
Under 735 ILCS 5/5-105(b)(2), the court shall waive 75% of all fees, costs, and charges if the applicant's available income is greater than 125% but does not exceed 150% of the poverty level, unless the assets of the applicant that are not exempt under Part 9 or 10 of Article XII of the Code are such that the applicant is able, without undue hardship, to pay a greater portion of the fees, costs, and charges. The court shall waive 50% if available income is greater than 150% but does not exceed 175% of the poverty level, subject to that same nonexempt-asset exception. The court shall waive 25% if available income is greater than 175% but does not exceed 200% of the current poverty level, again unless the applicant's nonexempt assets are such that the applicant is able, without undue hardship, to pay a greater portion.
Example: applying the percentage tiers
Hypothetical: Parent A files a dissolution petition and asks the court to waive fees under 735 ILCS 5/5-105. Assume, only for illustration, that the current poverty level for Parent A's household size is $2,000 per month, and that Parent A has no assets that are not exempt under Part 9 or 10 of Article XII of the Code.
Step 1 — identify the thresholds under subsections (a)(2)(ii) and (b)(2). 125% of $2,000 is $2,500. 150% of $2,000 is $3,000. 175% of $2,000 is $3,500. 200% of $2,000 is $4,000.
Step 2 — Parent A's available income is $2,400 per month. That is not greater than $2,500, so it is 125% or less of the poverty level. Under 735 ILCS 5/5-105(a)(2)(ii), Parent A meets that criterion unless nonexempt assets are of a nature and value that the court determines Parent A is able to pay the fees, costs, and charges. Under subsection (b)(1), if the court finds the applicant is an indigent person, it shall grant a full waiver.
Step 3 — change the figure. If Parent B's available income is $2,800 per month, that is greater than $2,500 but does not exceed $3,000, so it is greater than 125% but does not exceed 150% of the poverty level. Under 735 ILCS 5/5-105(b)(2)(i), the court shall waive 75% of all fees, costs, and charges, unless the applicant's nonexempt assets are such that the applicant is able, without undue hardship, to pay a greater portion.
Step 4 — at $3,600 per month, the income is greater than $3,500 but does not exceed $4,000, which is greater than 175% but does not exceed 200% of the current poverty level. Under 735 ILCS 5/5-105(b)(2)(iii), the court shall waive 25%, unless the applicant's nonexempt assets are such that the applicant is able, without undue hardship, to pay a greater portion.
The Rule 298 application and the filing process
Under 735 ILCS 5/5-105(c), the application shall be in writing and signed by the applicant, or, if the applicant is a minor or an incompetent adult, by another person having knowledge of the facts; the contents of the application and the procedure for deciding applications are established by Supreme Court Rule. Ill. S. Ct. R. 298(a) requires the application to be signed under penalty of perjury and directs the applicant to use the "Application for Waiver of Court Fees" form approved by the Illinois Supreme Court and the Supreme Court Commission on Access to Justice. Under Rule 298(a)(2), the contents must be sufficient to allow a court to determine whether the applicant qualifies for a full or partial waiver and shall include information regarding household composition, receipt of need-based public benefits, income, expenses, and nonexempt assets.
Section 5-105(c) lists factors to consider in evaluating an application, including receipt of needs based governmental public benefits; employment status and amount of monthly income; income from pension, Social Security benefits, unemployment benefits, and other sources; income received from other household members; monthly expenses including rent, home mortgage, other mortgage, utilities, food, medical, vehicle, childcare, debts, child support, and other expenses; and financial affidavits or other similar supporting documentation showing that payment would result in substantial hardship.
Rule 298(b) provides that no fee may be charged for filing an Application for Waiver of Court Fees and that the clerk must allow an applicant to file the Application in the court where the applicant's case will be heard. Upon filing, the clerk shall promptly transmit the Application to the judge assigned to rule on it. Under 735 ILCS 5/5-105(e), the clerk shall not refuse to accept and file any complaint, appearance, or other paper presented with an application, and those papers are considered filed on the date the application is presented.
Under Rule 298(c)(1), the court shall rule on the basis of the information on the face of the application, without a hearing, unless relevant sections are incomplete or give rise to a factual issue regarding satisfaction of the conditions for a waiver. If so, Rule 298(c)(2) states that outright denial is not permitted: the applicant must be notified of the deficiencies and given the opportunity to amend the Application and/or be given a remote hearing, unless the applicant requests an in-person hearing or will already be present in the courthouse on the date of the hearing. Any hearing on the Application shall be scheduled promptly, with due regard for the need to provide reasonable notice to the applicant, but within 30 days of filing. If the application is denied, Rule 298(c)(3) requires an order specifying the reasons for the denial. Rule 298(d) provides that any document ordered to be submitted in support of an Application shall be treated by the clerk as a sealed document.
Cook County
In Cook County, the Domestic Relations Division hears dissolution of marriage (divorce), dissolution of civil union, legal separation, child support, allocation of parental responsibilities, parenting time, and division of financial and property assets in dissolution proceedings. Its main location is the Richard J. Daley Center, 50 W. Washington St., Chicago, Illinois 60602. For inquiries including the filing of new cases, the Division's page directs people to the Office of the Clerk of the Circuit Court, Richard J. Daley Center, Room 802, (312) 603-6441. The Division is subject to Part 13 of the Rules of the Circuit Court of Cook County, and it also sits at the Skokie, Rolling Meadows, Maywood, Bridgeview, and Markham courthouses.
After the order: expiration, reconsideration, and payment
Under 735 ILCS 5/5-105(f), an order granting a full or partial waiver expires after one year, and the party may file another application, which the court shall consider in accordance with the applicable Supreme Court Rule. If the application is denied or a partial waiver is granted, subsection (e) requires the order to state a date certain by which the necessary fees, costs, and charges must be paid; for good cause shown, the court may allow a partial-waiver applicant to defer payment, make installment payments, or pay upon reasonable terms and conditions stated in the order. The court may dismiss the claims or strike the defenses of any party failing to pay within the time and manner ordered.
Subsections (f-5) and (f-10) apply if, before or at the time of final disposition of the case, the court obtains information suggesting that the person was not entitled to the waiver at the time of application or has experienced a change in financial condition so that he or she is no longer eligible. In that situation the court may require the person to appear at a court hearing by giving the applicant no less than 10 days' written notice of the hearing and the specific reasons why the waiver might be reconsidered. Under those subsections, the court shall not conduct such a hearing more often than once every 6 months. If the court finds the person was not initially entitled to any waiver, the person shall pay all fees, costs, and charges relating to the civil action, including any previously waived amounts.
If a party is represented by a civil legal services provider or an attorney in a court-sponsored pro bono program as defined in Section 5-105.5, 735 ILCS 5/5-105(h-5) provides that the attorney shall file a certification in accordance with Supreme Court Rule 298 and that the party shall be allowed to sue or defend without payment of fees, costs, and charges without filing an application.
Conclusion
735 ILCS 5/5-105 and Ill. S. Ct. R. 298 set out a written application, filed without charge, that the court rules on according to standards set forth in 735 ILCS 5/5-105. The court shall provide the application, through the office of the clerk of the court, to any person seeking to sue or defend an action who indicates an inability to pay the fees, costs, and charges. A lawyer can review how these provisions apply to your own circumstances.
Primary sources
- 735 ILCS 5/5-105 (official text, retrieved 2026-10-30)
- Illinois Supreme Court Rule 298 (official text, retrieved 2026-10-30)
- Circuit Court of Cook County, Domestic Relations Division (official text, retrieved 2026-10-30)
This article explains Illinois law in general terms as of October 30, 2026. It is not legal advice about any particular case.
Written by Jonathan D. Steele
Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.
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