Skip to main content

Do respondents in a divorce also pay a filing fee?

Los Angeles, CA |

If my wife sues for divorce and I am the respondent, do I have to pay a filing fee also? When I respond to her petition with the FL-120 am I required to pay the clerk a fee?

+ Read More

Attorney answers 4

Best Answer

Yes, unless you qualify for a fee waiver.



I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


In addition to the fee waiver, you will not have to pay the filing fee if you dissolve your marriage by default or default with written agreement. Of course, this is only possible if you (A) agree with everything in the petition and are willing to let her take the default, or (B) are able to enter into a written agreement before she can take your default. Since there is the risk of entering into default without fully understanding the potentially detrimental outcome, I urge you to consult with a family law attorney before doing so.


Yes, unless you qualify for a Fee Waiver.
If the divorce proceeds via a default and a Marital Settlement Agreement, then you will not need to file a Response and pay the fee.