Filing for divorce, legal separation, or annulment in California can already feel stressful. For many people, the cost of court filing fees adds another burden at a time when finances may be tight. Fortunately, California allows eligible parties to request a court fee waiver, which can make it possible to move forward with a family law case even when paying filing fees would create a financial hardship.

What Is a Court Fee Waiver?

A court fee waiver is a request asking the court to excuse a person from paying certain court fees and costs. In a California divorce, legal separation, or nullity case, either the petitioner or respondent may apply for a fee waiver if paying the filing fee for their first court document would be difficult.

If granted, the waiver may cover the first pleading or paper filed in the case, along with other court fees and costs. A legal team can prepare the proper fee waiver forms and submit them with the initial family law paperwork so the case can begin without delay.

Who May Qualify for a Fee Waiver?

A person may qualify for a California court fee waiver in several ways. The court may grant the request if the applicant receives certain public benefits, such as SSI, CalWORKs, SNAP, Medi-Cal, IHSS, WIC, General Relief, unemployment compensation, or other qualifying assistance programs.

A person may also qualify if their gross monthly income is below the amount listed on the court’s fee waiver information sheet. In addition, the court may grant a waiver if paying court fees would require the person to use money needed for basic necessities, such as housing, food, utilities, or family support.

In some cases, the court may grant a partial fee waiver, allowing some fees to be paid over time or in a reduced amount.

What Forms Are Used for a Fee Waiver?

The main form used to request a waiver is the Request to Waive Court Fees, Judicial Council Form FW-001. If additional court fees need to be waived, the court may also require the Request to Waive Additional Court Fees, Form FW-002.

These forms are signed under penalty of perjury, meaning the information must be truthful and complete. A family law attorney or legal team can help prepare these documents carefully and ensure the correct forms are submitted.

Importantly, the fee waiver application is confidential. It should not be served on the opposing party with the divorce or family law paperwork.

What Happens After the Fee Waiver Is Filed?

Once the application is submitted, the court reviews it under California rules. If the court does not take action within 5 days, the initial fee waiver is generally considered granted. When approved, the court issues a notice confirming the waiver.

If the application is incomplete, the court must explain the reason and give the applicant a reasonable opportunity to correct it. The court cannot deny a fee waiver based on whether it agrees or disagrees with the underlying family law case.

Can a Fee Waiver Be Reconsidered Later?

Yes. A fee waiver is not always final forever. If the person’s financial circumstances change during the case, they must notify the court within 5 days if the change affects their ability to pay fees or costs.

The court may reconsider the waiver, withdraw it for future fees, or in some situations order reimbursement of fees that were waived. If a party later receives a civil recovery over a certain amount, the court may also have a lien to recover waived fees and costs.

Other Costs That May Be Covered

An approved fee waiver may also cover certain related expenses, including sheriff’s fees for service of process. This can be helpful when legal documents must be formally served.

Fee waiver protections may also relate to access to court reporters or other official records needed for appeal, helping ensure that people with limited financial resources still have meaningful access to the court system.

Take the Next Step

Court filing fees should not prevent someone from seeking help in a California divorce, legal separation, or annulment case. A fee waiver may allow your case to move forward while protecting money needed for basic living expenses.

If you are worried about court costs, a California family law attorney can help determine whether you may qualify for a fee waiver, prepare the required forms, and guide you through the filing process.