California's New Joint Petition Divorce Law: What SB 1427 Means

California Just Changed How Couples Can Divorce, and It Is a Big Deal

California has a long history of leading the nation on family law reform. The state that pioneered no-fault divorce back in 1969 just took another landmark step. As reported by Laughlin Legal, as of January 2026, Senate Bill 1427 allows married couples to file a joint petition for dissolution of marriage, a fundamentally cooperative process that eliminates the need for one spouse to formally serve the other.

As attorney Amy Laughlin of Laughlin Legal explained, SB 1427 represents "a whole new paradigm in terms of how people think about the dissolution of a marriage." The law requires couples to discuss settlement terms up front and then file together, rather than starting the process with one spouse essentially suing the other. For those of us who practice family law and watch these developments closely, this is one of the most significant procedural reforms in California divorce in decades.

What SB 1427 Actually Does

Let me break down the mechanics, because the details matter here.

Before this law, California couples who wanted to file jointly had exactly one option: summary dissolution. But summary dissolution came with strict eligibility requirements. As Collaborative Divorce California noted, through December 31, 2025, only spouses who met narrow criteria were eligible, including being married less than five years, having no children, no leased or owned property, and limited assets and debts.

For everyone else, the process was inherently adversarial. One spouse files a Petition, the other gets served (often by a process server showing up at their door or workplace), and then the served spouse has to file a Response. Even when both people wanted the divorce and agreed on everything, the system forced them into opposing corners labeled "Petitioner" and "Respondent."

SB 1427 creates a middle path. Now, any married couple in California, including those with children, long-term marriages, and significant assets, can file a single joint petition together. Both spouses sign the same paperwork. Both are listed as "Petitioner 1" and "Petitioner 2." The filing itself counts as service to both parties, so nobody gets "served" and nobody gets a summons that says "You have been sued."

As Newsweek reported, the law creates a filing option for couples to jointly petition for dissolution for $435, essentially establishing a middle ground between summary dissolution and traditional divorce proceedings.

Why This Matters Legally

This is not just a paperwork change. It is a philosophical shift in how the state approaches marriage dissolution.

Here is what makes this significant from a legal standpoint:

• Elimination of the adversarial starting point: The traditional petition-and-response framework mirrors civil litigation. One party is the plaintiff, the other is the defendant. SB 1427 removes that dynamic entirely for couples who choose this path.

• Front-loaded agreement: The joint petition requires couples to list all issues they intend to resolve by agreement. As the California Courts Self-Help Guide explains, you do not need to agree on everything before you file, but you do need to list the issues you plan to work out. However, you will have to reach agreement by the end, or the case converts to a traditional proceeding.

• Built-in safety valve: If things fall apart, either party can revoke the joint petition at any time. The Judicial Council has created Form FL-720, a Notice of Revocation of Joint Petition, for exactly this purpose. If one party revokes, Petitioner 1 becomes the Petitioner and Petitioner 2 becomes the Respondent, and the case proceeds through normal channels. Importantly, if agreement breaks down and court involvement becomes necessary, there is a clear path to convert into the standard dissolution procedure without losing the original filing date.

• Financial disclosure requirements remain: This is critical. As the source material confirms, financial disclosure in a joint divorce petition in California is essentially the same as in a regular divorce. Full transparency regarding assets, debts, income, and liabilities is still legally required.

How California Law Handles This: The Practical Framework

The Judicial Council developed new forms and procedures that went live on January 1, 2026. The key form is FL-700, the Joint Petition itself. Here is the basic process:

1. Both spouses agree they want to file jointly
2. They complete Form FL-700 together, listing all issues to be resolved
3. Both sign the petition and file it with the court
4. Standard temporary restraining orders go into effect immediately, which stop either party from selling property, moving children out of state, or making major changes to finances or insurance
5. Both parties still exchange full financial disclosures
6. The six-month waiting period begins from the filing date
7. Once all terms are agreed upon and disclosures completed, the couple submits their Judgment

The Los Angeles Superior Court announced it would offer Self-Help Center resources and online video workshops to help self-represented parties navigate this new process. Other counties are expected to follow suit.

One important caveat: you cannot request temporary court orders through the joint petition process. The orders the court makes will be based on your agreement at the end of the case with your final Judgment. If you need emergency orders regarding custody, support, or property, you would need to go through traditional channels.

Who Is This Best Suited For?

Not every divorcing couple is a candidate for the joint petition. This process works best when:

• Both spouses genuinely agree the marriage should end
• There is no history of domestic violence or coercive control
• Both parties are willing to be fully transparent about finances
• The couple can communicate well enough to negotiate terms, either on their own or with the help of a mediator
• There is no significant power imbalance between the spouses

As one source noted, the joint petition process requires open communication, mutual respect, and full financial transparency. Where power imbalances, safety concerns, or unresolved disputes exist, traditional representation and court intervention may still be necessary.

Couples coming out of long-term marriages where there are no minor children may be especially strong candidates. Gray divorce couples, for instance, often have straightforward cases that lend themselves to cooperative resolution.

Practical Takeaways for California Residents

If you are considering divorce in California and think the joint petition might be right for you, here are some things to keep in mind:

• Start talking early. The entire premise of SB 1427 is that you discuss and resolve terms before filing. If you and your spouse can have productive conversations about division of assets, support, and custody, this process could save you significant time and money.

• Get professional guidance. Even in an amicable divorce, the decisions you make about property division, retirement accounts, tax implications, and support have long-term consequences. A qualified family law attorney can help you understand what a fair agreement looks like.

• Be honest about whether this process fits your situation. If there is any concern about hidden assets, controlling behavior, or an inability to negotiate on equal footing, the traditional process with independent representation may better protect your interests.

• Understand that filing jointly does not mean you are locked in. Either party can revoke the joint petition at any time and convert to a traditional proceeding. You do not lose your filing date if that happens.

• Remember the six-month waiting period still applies. Filing a joint petition does not speed up the mandatory waiting period under California law. The earliest your divorce can be finalized is six months after filing.

California continues to set the pace for family law reform nationwide. SB 1427 is a meaningful step toward recognizing that not every divorce needs to be a battle, and that the legal system should offer options that match the reality of how many couples actually experience the end of a marriage.

If you are navigating a divorce in California, whether through the new joint petition process or a traditional filing, having the right attorney in your corner makes all the difference. Browse our California divorce attorney directory to find experienced family law professionals in your area.

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.