“Yes You May Be Eligibile To Get A Free California Divorce!”
Download California Divorce Forms

It is possible to obtain a Free California Divorce? Yes, but you must first determine whether you qualify and then file an application for approval of a fees & costs waiver.

The first question: what are the costs usually associated with Divorce: filing fees; and (if necessary), attorney’s fees.

We are doing away with attorney’s fees because you’ll be representing yourself. But don’t worry there is a plethora of free information out there to help you select the correct forms to file your divorce yourself.

Now, the next question is: How much are filing fees and do you qualify for a filing fee waiver?

The filing fees vary from county to county but average about $320.00 to file a petition or other first paper (including a joint petition) for dissolution of marriage (divorce) or domestic partnership, legal separation, or nullity.

However, you may qualify for a fee waiver if you meet the requirements of one of the three following categories:

CATEGORY 1

You are receiving financial assistance under one or more of the following programs:

SSI and SSP (Supplemental Security Income and State Supplemental Payments Programs)

CalWORKs (California Work Opportunity and Responsibility to Kids Act, implementing TANF, Temporary Assistance for Needy Families, formerly AFDC, Aid to Families with Dependent Children Program)

The Food Stamp Program

County Relief, General Relief (G.R.), or General Assistance (G.A.)

If you are claiming eligibility for a waiver of court fees and costs because you receive financial assistance under one or more of these programs, and you did not provide your Medi-Cal number or your social security number and birthdate, you must produce documentation confirming benefits from a public assistance agency or one of the following documents:

PROGRAM

VERIFICATION

SSI/SSP

Medi-Cal Card or

Notice of Planned Action or

SSI Computer-Generated Printout or

Bank Statement Showing SSI Deposit or

“Passport to Services”

CaIWORKs/TANF

(formerly known as AFDC)

Medi-Cal Card or

Notice of Action or

Income and Eligibility Verification Form or

Monthly Reporting Form or

Electronic Benefit Transfer Card or

“Passport to Services”

Food Stamp Program

Notice of Action or

Food Stamp ID Card or

“Passport to Services”

General Relief/General Assistance

Notice of Action or

Copy of Check Stub or

County Voucher

–OR –

CATEGORY 2

Your total gross monthly household income is equal to or less than the following amounts:

Number In Family

Family Income

1

$1,084.34

2

1,458.34

3

1,833.34

4

2,208.34

5

2,583.34

6

2,958.34

7

3,333.34

8

3,708.34

Each additional person

Add $375.00

–OR –

CATEGORY 3

Your income is not enough to pay for the common necessaries of life for yourself and the people you support and also pay court fees and costs.

FILING AN APPLICATION & ORDER

If you meet the requirements of one of these categories you must apply for a fee waiver. To apply, you’ll need to fill out the Application for Waiver of Court Fees and Costs (form FW-001) and the Order on Application For Waiver of Court Fees And Costs (FW-003). You will need to file these forms with the clerk of the court at your county’s Superior Court. If you are unable to download the forms from the links above, you can obtain these forms from the clerk’s office.

If you claim no income, you may be required to file a declaration under penalty of perjury. Prison and jail inmates may be required to pay up to the full amount of the filing fee.

In the event that a court grants your request you will then be able to commence the filing of your dissolution (divorce) matter without the encumbrance of filing fees.

Later, you may be required to file an additional application for waiver of additional fees. The necessary forms are the Application for Waiver of Additional Court Fees and Costs (FW-002) and the Order on Application for Waiver of Additional Court Fees and Costs (FW-004).

IN THE EVENT YOU DO NOT MEET THE REQUIREMENTS OF ANY OF THE

THREE CATEGORIES

You may still be eligible for a low cost divorce option known commonly as a California Summary Dissolution.

CALIFORNIA SUMMARY DISSOLUTION

A California Summary Dissolution is a straightforward, inexpensive procedure for dissolving a marriage. The advantages of this process are that there are:

No Formal Court Hearings;

No Appearances Required; &

Final Judgment may be entered within six months after filing a joint petition.

In fact there is available a free California Summary Dissolution Booklet that describes the applicable law and step-by-step procedures required to file a California Summary Dissolution without a lawyer.

However, the booklet does caution of the pitfalls and problems that can arise when filing a California Summary Dissolution without qualified legal counsel. The booklet is available here.

Please be aware that I offer an affordable flat rate fee to assist in the California Summary Dissolution process.

ELIGIBILTY CONDITIONS FOR

CALIFORNIA SUMMARY DISSOLUTION

A California Summary Dissolution is available only when the following conditions are met at the time of filing:

1. Either party must have been a California resident for at least 6 months and a resident of the county where he/she is filing for at least 3 months prior to filing;

2. Irreconcilable differences must have caused the irremediable breakdown of the marriage and the marriage should be dissolved;

3. There are NO CHILDREN of the parties’ relationship born before or during their marriage or adopted during their marriage, and the wife, to her knowledge, is not pregnant (typically refers to minor children, under 18, if children are over 18 this procedure still an option generally);

4. The marriage is no more than 5 years in duration at the time of filing;

5. Neither Party has any interest in real property (wherever located), with the exception of the lease of a residence occupied by either party if it does not include an option to purchase and if it terminates within one year from the date of the filing;

6. There are no unpaid marital debts in excess of $6,000 incurred by either or both parties during the marriage, excluding automobile purchase balances;

7. The total fair market valued of community assets is less than $36,000 (excluding vehicles) and neither has separate property in excess of $36,000.

8. The parties have signed an agreement dividing their community assets and debts;

9. Both parties waives any rights to spousal support;

10. Upon entry of judgment both parties irrevocably waives rights to appeal and to move for a new trial;

11. The parties have read and understand the Judicial Council Summary Dissolution Information Booklet;

12. The parties want the court to dissolve their marriage.

All of these conditions and requirements are covered in detail in the booklet that you can download here. The booklet is designed to allow laypersons to proceed without an attorney.

However, the booklet does warn repeatedly that it is in the parties best interests to consult an attorney. I offer an extremely reasonable flat fee rate for assisting both parties with the completion of the paperwork for a valid California Summary Dissolution.

Contact me today!

IN THE EVENT YOU DO NOT MEET THE CONDITIONS FOR A CALIFORNIA SUMMARY DISSOLUTION

There is a great self help resource available to you here. It is a state funded and operated program for persons seeking legal assistance.

In the event that you still have questions or concerns or if you don’t know whether you’re qualified for a Free California Divorce or a California Summary Dissolution please contact a lawyer immediately

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