If you cannot afford to pay the filing fee, the court may waive it, but you will have to fill out some forms first. For more information about the filing.Considering filing a partition action? Understand the process and how a real estate attorney can help. Typically, a partition action in Southern California can take anywhere from 6 to 12 months to complete. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. How to File Divorce Petition San Diego.