A California divorce fee waiver lets you file your divorce without paying the court’s filing fees or most other court costs. You apply using Judicial Council Form FW-001, and you qualify if you receive certain public benefits, your gross monthly household income is at or below 200% of the federal poverty guidelines, or your necessary monthly expenses leave you unable to afford the fees. The application is confidential, and most courts decide within a few business days.
What the Waiver Pays For
Once a judge grants your waiver, you stop owing the court clerk for the filing fee on your divorce petition, the fee for a response if you are the responding spouse, certified copies of court documents, sheriff’s service of process, and court reporter fees for hearings and trial.1Judicial Branch of California. California Rules of Court Rule 3.55 – Court Fees and Costs Included in All Initial Fee Waivers Other costs that come up as the case moves along, such as jury fees, court interpreter fees, and witness fees for peace officers or court-appointed experts, can also be waived.2Judicial Branch of California. California Rules of Court Rule 3.56 – Additional Court Fees and Costs That May Be Included in Initial Fee Waiver
The waiver only touches money owed to the court. It does not pay for an attorney, a private process server, or a private mediator. If an attorney is what you really need, keep reading: California has a separate mechanism for that, covered at the end.
Who Qualifies
There are three independent ways to qualify, and you only need to meet one.
You Receive Qualifying Public Benefits
If you currently get any of the following, you qualify automatically by checking the matching box on the form. No additional financial paperwork is needed for this path.3California Courts. Ask for a Fee Waiver
- Supplemental Security Income (SSI) or State Supplementary Payment (SSP)
- Medi-Cal
- CalFresh (food stamps)
- CalWORKs or Tribal TANF
- General Assistance or General Relief
- In-Home Supportive Services (IHSS)
- Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI)
- WIC (Women, Infants, and Children)
- Unemployment compensation
Your Household Income Is at or Below 200% of the Federal Poverty Guidelines
If your gross monthly household income (before taxes) sits at or below 200% of the current federal poverty line, you qualify on income alone.4California Legislative Information. California Government Code GOV 68632 For 2026, the monthly limits for households in the 48 contiguous states are:5Judicial Council of California. Request to Waive Court Fees (Form FW-001)
- 1 person: $2,660
- 2 people: $3,607
- 3 people: $4,553
- 4 people: $5,500
- 5 people: $6,447
- 6 people: $7,393
For households larger than six, add $947 per additional person. Alaska and Hawaii use separate, higher limits.6U.S. Department of Health and Human Services. 2026 Poverty Guidelines
You Cannot Afford Court Fees After Basic Needs
If your income is over the threshold but your necessary monthly expenses leave nothing for court fees, you can still qualify. This path requires a detailed breakdown of income alongside essentials like rent, utilities, food, medical costs, transportation, and childcare. The judge weighs the full picture and decides case by case.3California Courts. Ask for a Fee Waiver
How to File
The application is Form FW-001, “Request to Waive Court Fees,” a free Judicial Council form available on the California Courts website or at any superior court clerk’s office. What you write on it stays confidential and is seen only by court staff.7California Legislative Information. California Government Code GOV 68633
You sign under penalty of perjury, so get your numbers right. Before you start, pull together:
- Proof of any public benefits, if that is your qualifying path
- All income sources: wages, disability, Social Security, child support received, anything else coming in
- Bank balances, real estate, and vehicle values
- If you are using the inability-to-pay path, a line-by-line account of monthly expenses
You also fill in the top of Form FW-003, the “Order on Court Fee Waiver.” That is the form the judge uses to record the decision, and it travels with FW-001.3California Courts. Ask for a Fee Waiver
File FW-001 at the same time you file your divorce petition or response, either at the clerk’s window or through e-filing if your court allows it. The clerk processes the waiver first. Most decisions come back within a few business days, and if the judge approves, the waiver stays in effect until the case closes or your finances change. Judges reviewing an inability-to-pay application sometimes ask for pay stubs or bank statements, so keep recent copies within reach.
If You Are Not Sure You Need the Full Waiver
The form has a space to ask for only a partial waiver or for permission to pay the fees over time instead of up front.5Judicial Council of California. Request to Waive Court Fees (Form FW-001) If your income is just above the threshold and money is still tight, asking for a partial waiver can be a stronger request than seeking a full one you may not qualify for.
If the Court Denies Your Waiver
A denial starts a 10-day clock, and missing it is one of the costlier mistakes in the process. During that window you have three choices:8California Legislative Information. California Government Code 68634
- Pay the standard filing fees, and your case moves forward.
- File a corrected FW-001 if the denial was based on missing information.
- File Form FW-006 to request a hearing. At the hearing, the judge can grant a full waiver, a partial waiver, or extra time to pay.9California Courts. If Your Fee Waiver Isnt Granted
Do nothing within those 10 days and the clerk voids the papers you filed with the application, which means your divorce petition or response is treated as never filed.10Judicial Branch of California. California Rules of Court Rule 5.43 – Fee Waiver Denials, Voided Actions, Dismissal
What You Owe the Court After Approval
Approval comes with conditions, and ignoring them can be more expensive than the original fees.
Report Financial Improvements Within Five Days
If your finances improve before your case closes, you must tell the court within five days using Form FW-010.11California Legislative Information. California Government Code 68636 That could be a new job, a raise, an inheritance, or a drop in necessary expenses. The court then decides whether to continue, modify, or end the waiver.
Possible Repayment
The court can order you to repay waived fees if your circumstances change, and it can withdraw the waiver retroactively if it finds you were never eligible. Either way, you get at least 10 court days before payments start.11California Legislative Information. California Government Code 68636
Settlement Lien of $10,000 or More
If you settle any civil claim for $10,000 or more while your fee waiver is active, the court has a lien on the settlement for the amount of the waived fees, and the case will not be dismissed until the lien is satisfied. Collection costs can be added on top.5Judicial Council of California. Request to Waive Court Fees (Form FW-001) A personal injury settlement that lands during the divorce can trigger this unexpectedly.
If You Also Need Help Paying an Attorney
The fee waiver covers court charges only. For attorney costs, California Family Code Section 2030 lets the court order one spouse to pay a reasonable amount toward the other spouse’s lawyer when there is a disparity in each spouse’s ability to afford representation and the better-off spouse has the means to pay for both.12California Legislative Information. California Family Code Section 2030 You can file this request at any point in the case, and the court can increase the amount later if the case grows more complex. Pairing a fee waiver with a Section 2030 request is the practical route when money is the main obstacle to getting divorced.