Court filing fees are not optional, but paying them should not be the reason someone cannot open or respond to a family law case. Form FW-001, Request to Waive Court Fees, is how California lets people who cannot afford those fees ask the court to waive them.
Key Takeaway: FW-001 asks the court to waive filing fees and certain other court costs for people who cannot afford them. It is commonly filed together with the FL-100 Petition or FL-120 Response. The court replies with Form FW-003, which grants the waiver fully, grants a partial waiver with a payment plan, or denies it.
Form FW-001 is the California Judicial Council form titled "Request to Waive Court Fees." It lets someone ask the court to waive filing fees and certain other court costs based on their financial situation, rather than paying the standard fee at the time of filing.
FW-001 is used across many types of civil cases, but in family law it most commonly accompanies:
- The FL-100 Petition, which opens a dissolution, legal separation, or nullity case
- The FL-120 Response, which the other spouse files to answer the Petition
The court reviews the information you provide and issues its decision on a companion form, FW-003, Order on Court Fee Waiver.
Either spouse can file FW-001, whichever one is filing paperwork they cannot afford the fee for. If you are the Petitioner filing FL-100, you would file FW-001 alongside it. If you are the Respondent filing FL-120, you would file FW-001 alongside that instead.
Filing FW-001 at the same time as your Petition or Response is generally the simplest path, since the clerk can process both together without requesting payment while the waiver is under review. If you are still learning the basics of what a California divorce actually costs, see How Much Does Divorce Cost in California? for a fuller breakdown of filing fees and when a waiver makes sense.
<h2 id="who-qualifies">Three Ways to Qualify for a Fee Waiver</h2>California recognizes three separate ways to qualify for a fee waiver. You only need to meet one of them.
1. Receiving Certain Public Benefits
You generally qualify if you currently receive one of the following:
- Medi-Cal
- CalFresh (food stamps)
- CalWORKs
- Supplemental Security Income (SSI)
- General assistance
If you receive one of these benefits, FW-001 asks you to identify which one, and the court can generally rely on that alone to grant the waiver.
2. Household Income at or Below 125 Percent of the Federal Poverty Guidelines
If you do not receive public benefits, you may still qualify by showing that your household income falls at or below 125 percent of the current federal poverty guidelines for your household size.
The specific poverty guideline dollar figures update periodically. Do not rely on an old number you remember or find online. Confirm the current figures in the FW-001 form instructions or with your county Superior Court self-help center before you file.
3. Paying Fees Would Prevent You From Affording Basic Necessities
Even if your income is above the 125 percent threshold, you may still qualify by showing that paying court fees would leave you unable to afford basic necessities, such as food, housing, or utilities, for yourself or the people who depend on you. This path asks you to describe your income alongside your necessary monthly expenses so the court can see the full picture.
Here is what you will actually fill in, section by section.
1. Your Information
At the top, you will enter your name, the court and county where your case is filed or being filed, and the case number if one has already been assigned. If you are filing FW-001 together with your Petition or Response, the case number may not exist yet, which is normal.
2. Public Benefits
This section asks whether you currently receive any of the qualifying public benefits listed above. If you check yes and identify the benefit, this is often the fastest path to a fee waiver, since it does not require you to itemize income or expenses.
3. Household Size and Income
If you are not relying on public benefits, this section asks for your household size and your gross monthly household income. The form compares this figure against the current 125 percent federal poverty guideline for a household of your size to determine whether you qualify on income alone.
4. Monthly Expenses
If your income is above the guideline, or if you want to support your request further, this section asks you to list your necessary monthly expenses, including things like rent or mortgage, utilities, food, and transportation. The goal is to show the court that paying court fees would come at the expense of these basic necessities.
Pro Tip: Be specific and honest in the expenses section. Vague or incomplete entries make it harder for the court to evaluate your request, and can lead to a request for more information before a decision is made.
- Leaving income or household size information incomplete, which can delay or prevent approval
- Not filing FW-001 at the same time as the Petition or Response, which can create confusion about whether the filing fee is owed
- Assuming a specific poverty guideline dollar amount without confirming it is current
- Forgetting to identify which public benefit you receive, if relying on that qualification path
- Not reading the resulting FW-003 order carefully, and missing that only a partial waiver was granted
- Failing to follow up on a payment plan set by a partial waiver, which can affect your case
Filing FW-001 with the court clerk starts the review process. After filing:
- The court reviews your request against the qualifying benefits, income, or expense information you provided
- The court issues Form FW-003, Order on Court Fee Waiver, documenting its decision
- FW-003 can grant the waiver in full, deny it, or grant a partial waiver that sets up a payment plan for some portion of the fees
- If your financial situation later improves, the court can revisit the waiver and may require future fees to be paid, or in some circumstances require repayment
Reading the FW-003 order carefully matters. A partial waiver still leaves you responsible for whatever the order specifies, and missing that detail can create problems later in your case. For a wider view of how filing fees and fee waivers fit into the overall cost of a California divorce, see How Much Does Divorce Cost in California?
<h2 id="faqs">Frequently Asked Questions</h2>What is Form FW-001 used for?
Form FW-001 is the California Judicial Council Request to Waive Court Fees. It asks the court to waive filing fees and certain other court costs for people who cannot afford them. It is commonly filed together with a Petition (FL-100) or Response (FL-120) in a family law case, but it can accompany other types of civil filings as well.
Do I have to file FW-001 at the same time as my Petition or Response?
Filing FW-001 at the same time as your Petition or Response is generally the simplest approach, since it lets the clerk process both together and avoids confusion about whether your filing fee has been paid. You can file it separately, but doing so risks delay or a request for payment before the waiver is decided.
What are the three ways to qualify for a fee waiver?
You generally qualify if you receive certain public benefits such as Medi-Cal, CalFresh, CalWORKs, SSI, or general assistance; if your household income is at or below 125 percent of the federal poverty guidelines; or if paying court fees would prevent you from affording basic necessities like food, housing, and utilities for yourself or your dependents.
What is Form FW-003?
Form FW-003, Order on Court Fee Waiver, is how the court responds to your FW-001 request. It can grant the waiver in full, grant a partial waiver with a payment plan, or deny the request. Read the FW-003 carefully once you receive it, since it tells you exactly what, if anything, you still owe.
Does a fee waiver cover every cost in my case?
A fee waiver generally covers court filing fees and certain related court costs, but it does not automatically cover every expense in your case, such as a process server or an attorney. Review the FW-001 instructions or ask your county self-help center which specific costs are covered.
What if my income changes after the court grants my fee waiver?
If your financial situation improves during your case, the court can review your waiver and may require you to start paying fees going forward, or to repay waived fees under certain circumstances, such as if you recover money in the case. Confirm the specific rules for your situation with your county self-help center.
How current are the income figures used for FW-001?
The federal poverty guidelines used to evaluate the 125 percent income threshold update periodically. Do not rely on a specific dollar figure from memory or an older source. Confirm the current guideline amounts in the FW-001 form instructions or with your county Superior Court self-help center before you file.
How a Document Prep Service Helps With FW-001
Most problems with FW-001 come from incomplete financial information or timing, not complicated law: a household income figure left blank, a request filed separately from the Petition it belongs with, or an FW-003 order that gets set aside without being read closely. Virdix is built to catch those before you file:
- Guided questions, plain-language prompts walk through benefits, income, and expenses without confusing legal terms
- Consistency checks, your household information carries through correctly alongside your Petition or Response
- Complete requests, so nothing gets left blank that could slow down the court's review
- County-specific filing details, including where to file and what to expect next
We don't replace an attorney for contested or complex cases, but for straightforward filings, Virdix helps make sure your FW-001 is complete and consistent from the start.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California