OPINION
PER CURIAM:This matter is before us on the petition of Chantel Kelsey for a writ to compel the entry of her divorce decree without payment of the divorce filing fee. In her attempt to obtain a divorce from her husband, petitioner alleged that her sole income of $225 per month AFDC assistance supported herself and' her three children and that she did not have funds or assets to pay the divorce filing fee.
Petitioner contends that the trial court abused its discretion in refusing to accept petitioner’s allegations of impecu-niosity solely on the ground that she paid an attorney $100 to prepare the divorce decree papers. The issue presented is whether, as a matter of law, petitioner is able under Utah Code Ann. § 21-7-3 (1984) and § 21-7-4 (Supp.1991):1 to pay the divorce filing fee simply because she paid an attorney to prepare documents necessary for her divorce.
We hold that the trial court abused its discretion by relying solely upon this fact in rejecting petitioner’s alleged impecunious status. Before reaching the conclusion under section 21-7-4 that petitioner is “reasonably able to pay the costs” of the divorce action, the judge should have also considered other factors relevant to petitioner’s ability to pay, and not just that she had paid someone to prepare legal documents. . Other relevant factors include, for example, petitioner’s employment status and earning capacity; financial aid from family or friends; financial assistance from state and federal programs; petitioner’s necessary living expenses and liabilities; petitioner’s unencumbered assets, or *592any disposition thereof, and her borrowing capacity; and, the relative amount of court costs to be waived. See State v. Mickle, 56 Haw. 23, 525 P.2d 1108, 1111 (1974); Annotation, Indigency Entitling Accused to Transcript, 66 A.L.R.3d 954, 962 (1975) and authorities cited therein. An indigent plaintiff need not be completely destitute to be recognized as “indigent” and reasonably unable to bear the costs of the action. Adkins v. E.I. Du Pont De Nemours & Co., 335 U.S. 331, 339, 69 S.Ct. 85, 89, 93 L.Ed. 43 (1948). Upon remand, the trial court should redetermine petitioner’s ability to pay based upon more than just the sole factor previously applied.
As for petitioner’s claim for attorney fees under the Civil Rights Act, we decline to make such award. Petitioner claims that the trial court’s assessment of her financial status denied her access to the courts and due process of law. Thus, she contends, she is entitled to an award of attorney fees under 42 U.S.C. §§ 1983 and 1988. We disagree.
The trial court merely erred in its factual determination of petitioner’s financial condition, a determination the court was required to make in applying Utah Code Ann. § 21-7-4. As noted by petitioner, the trial court is permitted latitude in exercising its discretion. Petitioner was not, and has not been, denied her right to due process or access to the court merely because of an erroneous ruling by the trial court. Cf. Hirrill v. Merriweather, 629 F.2d 490, 496 (8th Cir.1980) (mere erroneous application of a state statute to the particular case does not present a question of federal constitutional dignity for purposes of section 1983). Otherwise, every erroneous decision by a state court applying state law might be construed to be a civil right violation. In this ease, unlike Boddie v. Connecticut, 401 U.S. 371, 374, 91 S.Ct. 780, 784, 28 L.Ed.2d 113 (1971), petitioner has presented to the court her divorce claim and received a hearing and ruling thereon. She has pursued a proper course to secure judicial review of the trial court’s error. Furthermore, the judicial relief sought in the trial court has been granted in that the divorce decree has been entered. Petitioner has not been denied her access to the courts. There is no section 1983 violation established, so we do not award attorney fees.
Accordingly, we vacate the trial court’s order and remand for a redetermination of petitioner's ability to pay under section 21-7-4 in accordance with this decision. We deny the request for attorney fees.
GARFF and BENCH, JJ., concur.
. Utah Code Ann. § 21-7-4 provides:
On such oath or affirmation being filed with any justice court judge or clerk of any court, the justice court judge or clerk, as the case may be, shall at once file any complaint or papers on appeal and do any and all things necessary or proper to be done as promptly as if the litigant had fully paid all -the regular fees. The constable or sheriff shall at once promptly serve any and all summonses, writs, process and subpoenas, and all papers necessary or proper in the prosecution or defense of such cause, for such poor person as if all the necessary fees and costs had been fully paid; provided, that in cases where an impecunious affidavit is filed the judge at the time of hearing the cause shall question the person who filed the affidavit as to his ability to pay and in the event that the judge is of the opinion that the pérson is reasonably able to pay the costs he shall direct that judgment or decree be not entered in favor of that person until the costs are paid. The order may be later cancelled upon petition if the facts warrant such cancellation.