The California divorce filing fee is $435 per spouse who files (or $870 total if both spouses file, or if you use the new Joint Petition) — and if that number stands between you and filing, there’s good news: the court can waive it entirely for those who qualify. Here’s exactly who qualifies and how to apply using Form FW-001.
This is general information, not legal advice. For your specific situation, contact your county court’s self-help center — they help with fee waivers for free.
Who qualifies for a fee waiver in California
There are two doors to qualifying. You only need one of them.
Door 1: You receive certain public benefits
If you currently receive any of the following, you automatically qualify — just check the corresponding box on the form:
- CalWORKs
- CalFresh (food stamps)
- General Assistance / General Relief
- SSI / SSP
- Medi-Cal
- Tribal TANF
No income documentation needed — the benefit check is proof.
Door 2: Your household income is low enough
If you don’t receive benefits, you can still qualify based on household income compared to the federal poverty level.
💡 Don’t do the math yourself. Turn to page 2 of Form FW-001, find your household size in the table, and look at the dollar amount next to it. If your monthly income is below that number, you qualify. The amounts update periodically, so always check the table on the current version of the form rather than relying on a number from this article.
What counts as your “household”
The FW-001 instructions define your household as: you, your spouse or domestic partner, your dependents, and anyone else you financially support or share living expenses with.
Important for divorce filers: only count your spouse’s income if you still live together or support each other financially. If you’re separated, their income generally shouldn’t drag your application down.
Step-by-step: How to apply
Step 1: Fill out Form FW-001
Form FW-001 (Request to Waive Court Fees) asks for your contact info, your household income and size, and which benefits (if any) you receive. Be honest and complete — inconsistencies are a common reason applications get denied.
Step 2: File it with your divorce paperwork
Turn in FW-001 at the same courthouse where you’re filing (or filing the rest of) your case. There’s no fee to apply for a waiver.
The fee waiver is submitted together with your divorce forms — see which forms you need to start a divorce and, for the full sequence, How to File for Divorce in California.
Step 3: The court decides
The court responds with Form FW-003 (Order on Court Fee Waiver), checked granted or denied. If granted, the clerk processes your filing without charging the waived fees.
What the waiver covers
If granted, the waiver covers all standard court fees for the entire life of your case, including:
- The initial filing fee
- The Sheriff’s fee to serve papers
- Default fees
- Mediation fees
- The final judgment fee
One nuance: if you use a private process server who charges more than the county Sheriff would, the waiver only covers the Sheriff’s equivalent amount — you pay the difference yourself. For the full picture of what a divorce can cost with or without a waiver, see How Much Does Divorce Cost in California?. For every stage of the process in one place, see The Complete California Divorce Roadmap.
If your request is denied
You don’t file a formal appeal (that’s for higher courts). Instead, if the court denies your request without a hearing, it will send you a blank Request for Hearing About Court Fee Waiver Order (Form FW-006). You fill it out to explain your financial situation, and a judge decides at the hearing. Your court’s Self-Help Center can walk you through this step for free.
Frequently asked questions
Do I have to pay the fee first and get reimbursed? No. File FW-001 together with (or before) your petition and you may never pay at all. If the waiver is granted, the clerk processes your filing immediately.
Does the waiver expire? No — once granted, it applies to all standard fees in your case until it ends.
What if my finances improve during the case? The waiver applies for the life of the case. The court doesn’t re-assess mid-stream unless your case circumstances change significantly.
Where do I get the forms? Free from the California Courts forms website, or your court’s self-help center will walk you through it in person.
Is this legal advice?
No. This guide is general information about the California fee waiver process — it is not legal advice, and reading it doesn’t create an attorney-client relationship. Your situation may have details this guide can’t cover. For advice about your specific case, use your court’s free self-help center or consult a family law lawyer.
Sources: California Courts Self-Help Center — Fee Waivers, Form FW-001 instructions, and Form FW-003 (Order on Court Fee Waiver). Form names and numbers on this page were checked against the official California Courts form pages on September 21, 2026. Eligibility amounts and rules change — always confirm with the current form and your county court before filing.