Form Ujs 305b Motion To Waive Filing Fee / Service Of Process Fee

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Instructions for Motion & Order to Waive Filing Fee
& Service of Process Fee & Order Form
A Motion to Waive Filing Fee & Service of Process Fee is a request to the Court asking that
it not charge you the fee for filing a divorce and to direct the Sheriff not to charge you for service of
process. The Motion refers to your Financial Affidavit (Form UJS-304) to explain your financial
situation to the Judge and help the Judge decide whether to waive the fees in your case. Basically,
you are telling the Judge that you cannot afford to pay the filing fee and the service of process fee.
 Complete this form in black or blue ink only!
 Complete the caption at the top of the Motion. NOTE: The caption is the top portion of each
form. You will need to know the name of your county, judicial circuit (ask the Clerk if you do
not know), name of plaintiff, name of defendant and case filing number (ask the Clerk if you do
not know). The caption will be the same on every form you fill out.
 Read the entire document and make sure you fully understand it. You do not need to complete
anything, but you are signing the document, under oath, that you are in agreement with the
statements. If you do NOT agree with statements, do not sign it!
 If you agree with the statements in the Motion, you must sign and date the Motion in the
presence of a notary public or clerk of court. Make sure to bring photo identification to
show the notary public or clerk of court. A notary public can usually be found at the bank
and sometimes at the courthouse.
WARNING: By signing your name, you are telling the court that you are telling the truth and
that you have a good faith reason for your requests. If you are not telling the truth, if you are
misleading the court, or if you are serving or filing this document for an improper purpose,
the court could find you in contempt or you could be prosecuted for not telling the truth.
 Make a photocopy of the Motion for you own records and file the original Motion and a blank
copy of the Order Waiving Filing Fee and Service of Process Fee with the Clerk of Courts.
GIVE THE COMPLETED AND SIGNED MOTION AND A BLANK COPY OF THE
ORDER WAIVING FILING FEE AND SERVICE OF PROCESS FEE TO THE CLERK OF
COURTS WHEN YOU FILE YOUR DIVORCE.
If you do not hear from the Clerk in 5 business days, you should contact them and inquire
whether the Judge signed your Order Waiving Filing Fee and Service of Process Fee. If he
did NOT sign the Order, you have 30 days in which to pay the filing fee or your case will be
dismissed.
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Form UJS-305B
Rev. 01/2015

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