Filing for divorce in California isn’t free. In most counties, it costs between $435 and $450 just to file the initial petition—or to respond if your spouse has already filed. And for many families, especially those raising children with disabilities, that kind of money isn’t always available.
But here’s the good news: California offers a fee waiver for those who can’t afford the court filing fees.
Whether you’re filing in Pasadena, Arcadia, Monrovia, Alhambra, or anywhere else in California, this guide walks you through how to use the FW-001 form (also known as the “Request to Waive Court Fees”) so you can move forward without unnecessary delays or stress.
Who Can Request a Fee Waiver?
The fee waiver is designed for individuals who truly cannot afford the court fees. If you’re:
- Living paycheck to paycheck,
- Receiving public assistance like Medi-Cal, IHSS, WIC, CalFresh, or unemployment, or
- Supporting a child with special needs on a limited income,
—you may qualify for a waiver. You don’t need to be destitute. You just need to demonstrate that paying court fees would prevent you from covering your basic household needs.
If you’re not sure whether you qualify, California provides eligibility guidelines here.
Start Here: The California Courts Self-Help Website
Before you fill anything out, head to the official California Courts Self-Help website — one of the best, most accessible resources out there.
You can type “divorce” or “fee waiver” into the search bar, and it will walk you through the process like a “choose your own adventure” guide. It’s clear, updated regularly, and applies statewide.
The Main Form: FW-001 (Request to Waive Court Fees)
The core form you’ll use is FW-001. You can find a blank copy on the courts website here.
But—and this is important—you’ll need more than just that one form. Many people assume that’s it. But you’re not done after FW-001.
Let’s break it down step-by-step:
Step 1: Gather the Right Version of the Form
Even though FW-001 is universal, some counties provide their own packets with additional pages, instructions, or pre-filled court information. For example, Riverside County includes the court name and address pre-filled at the top of the form. But if you’re not filing in Riverside, you’ll need to either white that out or get a clean version.
How to find the correct packet:
- Search “[Your County] FW-001 divorce fee waiver” on Google, or
- Visit your county’s Superior Court website directly.
Step 2: Fill Out Your Personal Info
Start with:
- Your name
- Street address
- City, state, ZIP
- Phone number
- Job title (yes, “Stay-at-home parent” counts—especially if you’re providing full-time care to a child with disabilities)
- Employer information (if applicable)
If you’re receiving IHSS funds as a caregiver, note that. You don’t need to name your child as the employer—just write something like “Full-time caregiver to child with special needs” or “Stay-at-home parent.”
Step 3: Select the Right Reason for the Waiver
In Section 5, you’ll be asked why you need the fee waived. You can check:
- 5a if you receive public benefits like Medi-Cal, IHSS, food stamps, etc.
- 5b if your household income is low based on size (you’ll find a chart on the courts website),
- 5c if your expenses outweigh your income.
Make sure to read the instructions carefully. Depending on what you check, you may or may not need to fill out the second page of the form. For example, if you check 5a, you can skip the financial disclosure section.
Step 4: Don’t Skip the Attached Court Order Form
This is where many people stop—and it’s why their fee waivers don’t get processed.
You must also fill out the FW-003 form (or whatever version your county uses) that the court will use to grant or deny your request. Yes, it’s technically for the judge—but you fill out the top sections to make it easier for the court clerk to process.
You can find the FW-003 here: https://www.courts.ca.gov/documents/fw003.pdf
Step 5: File Everything Together
When you’re ready:
- Submit your petition or response with your fee waiver packet
- Do it in person at the courthouse or electronically through your county’s e-filing system
- Wait for the court to review your application
If you qualify, the court will process your paperwork and grant your waiver. If not, you’ll be notified of the fee amount due.
Bonus Tip: Don’t Let Fear or Shame Stop You
Requesting a fee waiver is not something to feel bad about. California created this system so people could still access justice during hard times.
If you’re in the San Gabriel Valley and want help understanding the process—or want someone to look over your forms before filing—I offer support for clients all over California.
Need Help?
If you’re parenting a child with special needs and navigating divorce, you’re already carrying a heavy load. Let’s take some of the pressure off.
🔗 Book a free 15-minute consultation and I’ll walk you through your options.