Who qualifies for a joint divorce petition under California's SB 1427?

Any married couple in California can file a joint petition for dissolution or legal separation under SB 1427, regardless of how long they have been married, whether they have children, or the value of their assets. The key requirement is that both spouses must agree (or plan to agree) on all issues in the case, including property division, custody, and support. At least one spouse must meet California's residency requirements. If you cannot agree on all terms, you should file a traditional divorce petition instead.

How is a joint petition different from a summary dissolution in California?

Summary dissolution has strict eligibility requirements: the marriage must be under five years, the couple must have no children, no real property, limited assets (under $57,000 excluding cars), and debts under $7,000. The joint petition under SB 1427 has no such restrictions. Couples with children, significant assets, long marriages, and support issues can all use the joint petition, as long as they agree on all terms. Both processes allow joint filing and skip formal service, but the joint petition is available to far more couples.

What happens if we file a joint petition but later disagree?

Either spouse can revoke the joint petition at any time before the final judgment is entered. If one party revokes, the case does not close or restart — it simply converts to a traditional divorce proceeding. The first joint petitioner becomes the Petitioner and the second becomes the Respondent. All existing automatic temporary restraining orders (ATROs) remain in place. The revoking party must file a Notice of Revocation of Joint Petition (form FL-720).

Do we still need lawyers if we file a joint petition in California?

While the law does not require attorneys, legal counsel is strongly recommended even in amicable divorces. Financial disclosure is still mandatory under California Family Code Section 2100, and issues like property division, spousal support, and child custody involve complex legal rights. An attorney can ensure your agreement is fair, complete, and legally enforceable. Some couples use a mediator or a single neutral attorney to facilitate the process, but each spouse should at minimum have their agreement reviewed by independent counsel.

How much does it cost to file a joint divorce petition in California?

According to Newsweek reporting, the filing fee for a joint petition under SB 1427 is $435. This is significantly less than the cost of a traditional contested divorce, which can average around $17,500 in California when factoring in attorney fees, court costs, and litigation expenses. Fee waivers may be available for those who qualify financially. Keep in mind that filing fees are just one component — you may still incur costs for legal consultation, mediation, or financial advice.

California's New Joint Divorce Petition Law (SB 1427) Now in Effect

California Just Changed How Couples File for Divorce, and Other States Are Watching

As reported by Best Lawyers and Madison Law APC, California's Senate Bill 1427 took effect on January 1, 2026, fundamentally changing how couples can initiate divorce proceedings in the Golden State. The law allows married couples to file a joint petition for dissolution of marriage or legal separation, eliminating the traditional model where one spouse files and the other gets served. As Best Lawyers notes, California's "demographics, financial pressures and innovation economy force change earlier and more intensely than elsewhere," positioning these reforms as a potential national blueprint.

If you have been paying attention to the trajectory of American family law over the past decade, this is not a small procedural tweak. This is California telling the rest of the country that the adversarial model of divorce, the one where somebody has to be "the petitioner" and somebody has to be "the respondent," is ready for an overhaul.

What SB 1427 Actually Does

Let me break this down in practical terms.

<cite index="1-4,1-5,1-6">Effective January 1, 2026, California introduced a new pathway for couples seeking to dissolve their marriage or pursue legal separation: the joint petition. This new process is designed to encourage cooperation, reduce adversarial framing, and make the process less burdensome. Senate Bill 1427 is the statute that creates this joint petition process.</cite>

Here is what is different:

<cite index="1-10,1-11">Beginning in 2026, couples may file a joint petition for dissolution or legal separation, with both parties signing and filing together. The filing itself will count as service to both spouses, so there is no need for one spouse to be "served."</cite>
<cite index="6-16">The parties are listed as Petitioner 1 and Petitioner 2</cite>, rather than the traditional Petitioner vs. Respondent setup.
<cite index="6-12,6-13,6-14">It requires both parties to agree to all of the final terms of the divorce or legal separation. If you do not think you will be able to agree on everything, do not file a joint petition. File for a regular divorce instead.</cite>
<cite index="12-22,12-23">Either person can end ("revoke") the joint process at any time before the judgment is final. If either party wants or needs the judge to make temporary orders because they cannot agree on something, that will also revoke the joint process.</cite>

Why This Matters Beyond California

For context, <cite index="3-5,3-6">California has allowed spouses to file a joint petition for a summary dissolution case for decades, but only long-term spouses, spouses with children, and spouses with moderate-to-significant assets and debts now have a streamlined path to initiate divorce. Historically, only spouses meeting strict criteria, such as marriages under five years, no children, no leased or owned property, and limited assets and debts, were eligible for summary dissolution.</cite>

SB 1427 blows those restrictions wide open. <cite index="17-6,17-7">Now couples with assets, children, and support issues can file a joint petition where there is an agreement on all issues. It is available to all married couples, regardless of the duration of their marriage or the number of shared assets.</cite>

According to Newsweek, <cite index="23-3">the law creates an option for people to file joint petitions for marriage dissolution for just $435.</cite> When you consider that <cite index="23-6">the average divorce in California costs couples an estimated $17,500, according to the Los Angeles Times, because of court filings, proceedings and attorney fees</cite>, the potential savings here are enormous.

<cite index="22-1,22-2,22-3,22-4">These crosscurrents converge in California first, not because the state's laws are fundamentally different, but because its demographics, financial pressures and innovation economy force change earlier and more intensely than elsewhere. National trends often arrive in California before they become widespread. Today's divorce landscape is no exception. The cases unfolding across the state offer a window into what family lawyers in the rest of the country will confront next.</cite>

<cite index="21-11">Whether other states adopt similar reforms remains to be seen, but California's leadership offers a blueprint for laws that treat divorce as a family dissolution and transition, not just a legal battle.</cite>

How California Law Handles This: The Fine Print

Before anyone rushes to the courthouse, there are important details to understand about how this process actually works in California.

You Still Have to Do the Work

<cite index="6-2,6-3,6-4,6-5,6-6">A joint petition starts your case together. It does not finish your divorce. You still must exchange disclosures and file a Judgment. You cannot ask for temporary court orders in the joint petition. You must agree on all the issues of the case.</cite>

Financial Disclosure Is Not Optional

<cite index="15-20,15-21,15-22">Financial disclosure in a joint divorce petition in California is essentially the same as in a regular divorce. Under California Family Code Section 2100, financial disclosure is an essential part of every divorce because every divorcing couple has to accurately account for all their assets and debts in order for them to be fairly split.</cite>

It Is Not for Every Couple

<cite index="20-13,20-14,20-15">While SB 1427 offers a simplified pathway, it is not suitable for all couples. The joint petition process requires open communication, mutual respect, and full financial transparency. If there are power imbalances, safety concerns, or unresolved disputes, traditional representation and court intervention may still be necessary.</cite>

As one family law mediator pointed out, <cite index="18-9">families where there is domestic violence, a very one-sided approach to finances, or a substantial disagreement with regard to caring for the children</cite> should not use this form.

The Six-Month Waiting Period Still Applies

<cite index="12-35,12-36">You still need to wait 6 months from when you file the joint petition to be divorced. There is no waiting period if you are getting a legal separation.</cite>

Practical Takeaways for California Residents

Here is what I would tell anyone considering this new pathway:

Talk to a family law attorney before filing. Even though the process is cooperative, <cite index="4-26">full and transparent disclosure of all assets, debts, income, and liabilities is a legal requirement in any divorce proceeding in California.</cite> An attorney can ensure you are not accidentally waiving rights or missing something critical.
Consider mediation as a complement. <cite index="20-12">Couples should proceed carefully and consider using a neutral financial advisor or mediator alongside their attorney to help ensure a truly balanced and informed agreement.</cite>
Understand the exit ramp. <cite index="12-25,12-26,12-27,12-28,12-29">If things break down, the case does not close and it does not restart. The basic rules on not making any financial changes or moving your children out of state stay in place. Your case moves to the regular divorce process.</cite>
Think carefully about whether this is truly mutual. The joint petition only works when both spouses are genuinely on the same page. If one spouse feels pressured or is less financially sophisticated, the traditional process, with its built-in protections, may actually serve that person better.
Do not confuse "cooperative" with "simple." Dividing a 20-year marriage with children, retirement accounts, and real property is complex whether you file jointly or not. The joint petition streamlines procedure, not substance.

Looking Ahead

<cite index="5-3">California, the first state to legalize no-fault divorce in 1969, has taken another significant step toward making divorce more cooperative and less adversarial.</cite> SB 1427 fits into a larger pattern of California leading the country on family law reform.

<cite index="21-7,21-8">Less adversarial divorce procedures could reduce emotional harm and financial burdens nationwide. Collaborative models reflect growing awareness that conflict can undermine post-divorce parenting relationships and children's well-being.</cite>

Will other states follow? History suggests they will, eventually. California's no-fault revolution in 1969 took decades to spread across the country, but it did. The joint petition model addresses the same fundamental insight: most families are better served by cooperation than by confrontation.

If you are a California resident weighing your options, the joint petition under SB 1427 is worth discussing with a qualified family law attorney who can help you determine whether this cooperative pathway aligns with your specific circumstances.

You can explore the divorce.directory to find experienced family law attorneys in California who are familiar with the new joint petition process and can guide you through your options.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.