How to Get a Free Divorce in California

Filing for divorce in California is expensive. The state charges a mandatory $435 filing fee just to submit your initial petition. If your spouse files a response, they must also pay $435, bringing the total court cost to $870 before you even factor in attorneys or document preparation.

However, the California justice system cannot deny you a divorce simply because you cannot afford the filing fee. If you are experiencing financial hardship, there are real options to get a divorce with no money, starting with asking the court to waive the fees entirely.

Here is exactly how to qualify for and request a free divorce in California. The full procedural walkthrough lives in our guide on how to file for divorce in California — pair it with the steps below to file for divorce by yourself at zero out-of-pocket cost.

1. Check If You Qualify for a Fee Waiver

The court uses three specific criteria to determine if you qualify for a fee waiver. You only need to meet one of these three conditions to be approved:

Condition 1: You receive public benefits.
You automatically qualify if you currently receive assistance from programs like:

• Medi-Cal
• CalFresh (Food Stamps)
• CalWORKs
• General Assistance
• SSI (Supplemental Security Income)
• SSP (State Supplemental Payment)

Condition 2: Your household income is below the threshold.
You qualify if your gross monthly household income (before taxes) is less than 125% of the federal poverty level. For 2025, the approximate monthly limits are:

• Family of 1: $1,579/month
• Family of 2: $2,136/month
• Family of 3: $2,694/month
• Family of 4: $3,250/month

Condition 3: You cannot afford the fee and your basic needs.
If you don't meet Condition 1 or 2, but paying the $435 fee would mean you cannot afford rent, food, or medical care, the judge has the discretion to grant a waiver based on your specific financial situation.

2. Complete Form FW-001

To ask for the waiver, you must complete Form FW-001 (Request to Waive Court Fees).

This form asks for your personal information and which of the three conditions you meet.

• If you check Condition 1 (public benefits), you do not need to fill out the detailed financial disclosures sections on the back of the form.
• If you check Condition 2 or 3, you must provide detailed information about your income, expenses, assets, and debts.

You must sign this form under penalty of perjury. Lying on a fee waiver application is a crime.

3. Complete Form FW-003

Along with your request, you must also fill out the top portion of Form FW-003 (Order on Court Fee Waiver).

You only fill out your name, address, and case name at the top. Leave the rest of the form blank. This is the actual order the judge will sign to officially grant or deny your request.

4. File the Waiver with Your Divorce Petition

You do not file the fee waiver by itself. You submit your FW-001 and FW-003 to the court clerk at the exact same time you submit your initial divorce paperwork (Form FL-100 or FL-800).

The clerk will take your divorce petition and hold it while a judge reviews your fee waiver request. This usually takes one to three business days.

• If approved: The court will officially file your divorce petition, and you will not have to pay the $435 fee.
• If denied: The court will notify you that you have 10 days to pay the $435 fee, or your divorce petition will be canceled.
• If the judge needs more info: The court may schedule a hearing to ask you questions about your finances before making a decision.

What Does the Fee Waiver Cover?

If granted, the fee waiver covers almost all standard court costs associated with your divorce, including:

• The initial $435 filing fee
• Fees for filing motions or requesting hearings
• Court-appointed interpreter fees
• Court reporter fees for hearings

It does not cover private costs, such as hiring a process server to deliver the papers to your spouse, paying a notary public, or hiring a document preparation service to help you fill out the forms.

Ready to get your packet started? Start your California divorce packet and we'll include the fee-waiver forms if you need them.