California Divorce Filing Fees and Fee Waivers

The Complete Fee Schedule for California Divorce

California courts charge fees for nearly every filing in a divorce case. The amounts are set by statute and are uniform across all 58 counties, though some counties may charge additional local fees for specific services.

The petition for dissolution of marriage costs $435 to file. This is the fee to initiate the case. If the respondent files a response, that also costs $435. If the petitioner files a motion for temporary orders, such as a request for temporary child support or spousal support, the fee is $60. Motions to modify existing orders also cost $60.

Other common fees include $60 for a motion to set aside a default judgment, $60 for a motion to compel discovery, and $60 for a motion for contempt. If the parties request a court reporter for a hearing or trial, the court charges a daily fee for the reporter’s services. If the parties request a continuance or postpone a hearing, additional fees may apply.

Some filings do not require a fee. Requests for domestic violence restraining orders are free. Requests for fee waivers are free. Requests for child support enforcement through the local child support agency do not require a filing fee. These exceptions reflect legislative priorities that place safety and child welfare above cost recovery.

How to Qualify for a Fee Waiver

Fee waivers are granted under three standards: public benefits, income thresholds, and financial hardship.

Public Benefits Standard. If you receive Medi-Cal, CalWORKs, CalFresh, Supplemental Security Income (SSI), County Relief, or In-Home Supportive Services, you automatically qualify for a full fee waiver. You simply check the appropriate box on Form FW-001 and provide proof of your benefits. No further financial documentation is required.

Income Threshold Standard. If your gross monthly income is below the threshold set by the court for your household size, you qualify for a fee waiver. The thresholds are based on federal poverty guidelines and are updated periodically. As of 2026, the threshold for a single person is approximately $1,500 per month in gross income. For a household of four, the threshold is approximately $3,000 per month. These amounts are subject to change, and litigants should check the current figures on the California Courts website.

Financial Hardship Standard. If your income exceeds the threshold but paying court fees would create a substantial hardship, you can request a fee waiver based on hardship. You must complete the financial information section of Form FW-001 and explain why paying the fees would be a hardship. The court reviews these requests on a case-by-case basis and may grant a full waiver, a partial waiver, or deny the request.

How to File Form FW-001

Form FW-001, Application for Waiver of Court Fees and Costs, is available on the California Courts website and at every courthouse. The form asks for basic identifying information, household size, income sources, and monthly expenses. If you qualify based on public benefits, you attach proof of your benefits. If you qualify based on income, you attach pay stubs or other income documentation. If you request a hardship waiver, you explain your circumstances in the space provided.

The form is filed with the clerk of the court where your divorce case is pending or will be filed. If you have not yet filed your petition, you file the fee waiver application first. The court reviews the application and either grants or denies it before you file your petition. If the waiver is granted, you can file your petition without paying the $435 fee.

If the court denies your fee waiver application, you have the right to request a hearing within 10 days. At the hearing, you can present additional evidence of your financial circumstances. Most fee waiver denials are reversed at the hearing if the litigant provides complete and accurate financial information.

Partial Fee Waivers and Payment Plans

Not all fee waivers are full waivers. If your income is above the threshold but paying the full fee would create hardship, the court may grant a partial waiver that reduces the fee to an amount you can afford. For example, the court might reduce a $435 filing fee to $100 or $200 based on your documented ability to pay.

Partial waivers are particularly common for litigants who earn moderate incomes but have high fixed expenses, such as rent, childcare, or medical costs. The court evaluates the totality of the financial picture, not just gross income. A litigant earning $3,500 per month with $2,000 in rent and $800 in childcare may receive a partial waiver even though their income exceeds the threshold.

Some courts also offer payment plans for litigants who do not qualify for waivers but cannot pay the full fee upfront. Payment plans allow the litigant to pay the fee in installments over several months. Not all courts offer payment plans, and the terms vary by county. Litigants should ask the clerk about payment plan options when filing.

What Fee Waivers Cover and What They Do Not

A fee waiver covers all court filing fees for the case, including the initial petition, the response, motions, and other court filings. It also covers fees for court reporter services, fees for certified copies of court orders, and fees for the first preparation of a clerk’s transcript on appeal.

Fee waivers do not cover attorney fees, process server fees, mediator fees, or expert witness fees. These are private costs that the litigant must pay regardless of the fee waiver. Some litigants mistakenly believe that a fee waiver covers all costs associated with divorce. It does not. It covers only court-imposed fees.

Fee waivers also do not cover fees for services outside the court system, such as real estate appraisals, business valuations, or psychological evaluations. These costs are part of the litigation and must be paid by the parties or allocated between them by court order.

Planning for Court Costs in Your California Divorce

Filing fees are a real cost of divorce that every petitioner and respondent must account for. Even an uncontested divorce costs at least $435 in court fees, and a contested divorce with multiple motions can cost $1,000 or more before attorney fees are considered. Understanding the fee structure and waiver options allows litigants to plan realistically and avoid financial surprises.

The first step is determining whether you qualify for a fee waiver. If you receive public benefits, the process is straightforward. If you do not, calculate your gross monthly income and compare it to the court’s threshold for your household size. If you are close to the threshold, gather documentation of your expenses to support a hardship claim.

If you do not qualify for a waiver, consider whether an uncontested divorce is possible. An uncontested divorce involves fewer filings, fewer motions, and lower total court costs. Mediation and collaborative divorce can also reduce costs by resolving disputes outside of court. At Hayat Family Law, we discuss all cost-saving options with our clients and help them choose the approach that fits their budget and their goals.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Court fee amounts and waiver thresholds are subject to change by legislative or judicial action. Results vary based on specific circumstances, and past performance does not guarantee future outcomes.

Sources:

• California Legislative Information – Government Code Section 68630
• California Courts – Fee Waiver Information and Form FW-001
• California Courts – Form FW-001 Application for Waiver of Court Fees