How to Prepare a California Divorce Fee Waiver

Divorce can be a complicated and emotionally taxing process, and the financial burden can add to the stress. Fortunately, if you’re facing financial difficulties, California provides a way to waive court fees through the Fee Waiver, also known as the Request to Waive Court Fees. In this guide, we’ll walk you through the process of completing the fee waiver form, ensuring you understand every step involved.

Understanding the Fee Waiver Form

The primary form you’ll need to fill out for a fee waiver is the FW-001. This form is your formal request to the court to waive filing fees associated with your divorce. While the form is relatively straightforward, there are a few key sections that require careful attention.

Section 1: Your Information

In the first three sections of the form, you will need to provide your personal information, including:

• Your name and address
• Your employment status
• If you have a lawyer representing you

This information helps the court understand your situation and whether you qualify for a fee waiver based on your financial circumstances.

Section 4: Types of Fees to Waive

In Section 4, you’ll need to specify which court fees you want waived. If you are filing for divorce in California, check the box for “superior court fees.” This typically includes the filing fee and any associated costs for your divorce proceedings.

Section 5: Reason for Requesting a Fee Waiver

Section 5 is crucial as it outlines why you are requesting the waiver. There are three options available:

• 5a: If you receive public assistance such as Medi-Cal, food stamps, or other benefits, mark this box. If you qualify here, you may not need to appear before a judge.
• 5b: If your gross monthly household income is below the specified limits for your family size, select this option. The limits vary based on the number of people in your household.
• 5c: If you do not qualify under 5a or 5b, you can indicate that you do not have enough income to cover basic household needs and court fees.

Choosing the correct option is vital, as it determines whether you will need to provide additional financial documentation.

What to Do If You Don’t Qualify Automatically

Many individuals find themselves in a situation where they don’t meet the criteria for the first two options. If that’s the case, you can opt for 5c, stating that your income is insufficient to cover both your essential needs and court fees.

Filling Out Page Two: Income and Expense Declaration

If you select option 5c, you will need to complete Page Two of the fee waiver form, which acts as a mini income and expense declaration. Here’s what to include:

• Your total monthly income
• A detailed list of your monthly expenses, including rent, utilities, groceries, and any debts
• Your household size and any additional financial obligations

The court will review this information to assess your financial status and determine whether you qualify for the fee waiver. Be honest and thorough in your declarations, as this will help support your request.

Additional Forms Required

In addition to the FW-001, you will also need to fill out the FW-003 form, which is the order on the court fee waiver. Here’s how to properly complete this form:

Filling Out the FW-003

On the FW-003, fill in your name and information. Importantly, you need to mark the box indicating that your fee waiver was granted. This form is prepared for the judge’s signature, so you want to present it as if the court has already approved your request. Ensure that all caption and court information is correctly filled out.

Common Issues and Tips

While completing the fee waiver forms, some common issues may arise. Here are some tips to avoid complications:

Be Prepared for Questions

If you mark “unemployed” or indicate no income, be ready to explain how you are supporting yourself. Courts often require a brief explanation, especially if you’re living with family or receiving assistance.

Double-Check Your Information

Before submitting your forms, ensure all information is accurate and complete. Missing or incorrect information can delay the processing of your fee waiver request.

Seek Assistance If Needed

If you find the process overwhelming, don’t hesitate to seek help. There are resources available, including legal aid organizations and professionals, who can assist you in completing the forms correctly.

Conclusion

Applying for a fee waiver in California can save you significant amounts of money during a challenging time. By understanding the forms and processes involved, you can navigate this step with greater confidence. Remember, it never hurts to apply for a fee waiver, especially if you’re facing financial hardship. If you have further questions or need assistance, feel free to reach out for help. Good luck!