California couples can now file for divorce together on equal footing under SB 1427, which took effect January 1, 2026. The new joint petition process (Form FL-700) eliminates the traditional petitioner-versus-respondent structure, removes the service of process requirement, and is available to couples with children, real estate, and substantial assets. The $870 filing fee and six-month waiting period still apply, but the adversarial posture that defined California divorce for decades is now optional.
Key Facts: California's Joint Petition Law
| Element | Detail |
|---|---|
| Law | SB 1427, authored by Senator Benjamin Allen |
| Effective date | January 1, 2026 |
| Primary form | FL-700 (Joint Petition—Marriage or Domestic Partnership) |
| Filing fee | $870 (fee waivers available) |
| Waiting period | 6 months from filing (unchanged from standard divorce) |
| Who qualifies | Any married couple who agrees on all terms—no restrictions on children, assets, or marriage length |
Why This Matters Legally
SB 1427 represents the most significant procedural reform to California divorce in decades. The traditional divorce filing treats one spouse as the "petitioner" who sues, and the other as the "respondent" who defends. That adversarial framework made sense when divorce required proving fault, but California abolished fault-based divorce in 1970 under Cal. Fam. Code § 2310.
For 55 years, no-fault divorce operated within a procedural structure designed for fault. SB 1427 finally aligns the paperwork with reality. As one California family law attorney explained, the law creates "a whole new paradigm in terms of how people think about the dissolution of a marriage."
The legislative record shows broad support: the Assembly passed SB 1427 on consent calendar in August 2024, and the Senate approved it 34-0 with only three abstentions. The Judicial Council analysis noted implementation costs were "minor and absorbable," primarily for form updates.
How California's Joint Petition Works
Under Cal. Fam. Code §§ 2330-2342, couples filing jointly must meet one core requirement: complete agreement on all issues including property division, spousal support, and child custody. If agreement breaks down at any point before judgment, either spouse can revoke the joint petition using Form FL-720.
The joint petition process follows these steps:
- Both spouses complete and sign Form FL-700 together, along with FL-710 (Joint Petition Summons)
- If children under 18 exist, file Form FL-105 (UCCJEA Declaration)
- Pay the $870 filing fee (or request a fee waiver)
- Exchange financial disclosures under Cal. Fam. Code § 2104—this requirement remains identical to standard divorce
- Develop and file a written agreement resolving all issues
- Submit final Judgment after the mandatory six-month waiting period
Critically, upon filing, the joint petition is deemed served on both parties without formal service of process. This eliminates weeks of procedural delay and the expense of hiring a process server or sheriff.
What Makes This Different from Summary Dissolution
California has offered summary dissolution since 1971, but with severe restrictions. Under Cal. Fam. Code § 2400, summary dissolution requires:
- Marriage of less than five years
- No children born or adopted during the marriage
- No real property ownership
- Community property valued under $47,000 (excluding vehicles)
- Separate property debt under $47,000
These restrictions made summary dissolution unavailable to most divorcing couples. According to attorney analysis, SB 1427 removes every limitation: couples can have children, own homes worth millions, have been married for decades, and still file jointly.
The six-month waiting period under Cal. Fam. Code § 2339 still applies to joint petitions. Summary dissolution has a 6-month revocation period, but both processes require waiting six months before the marriage legally ends.
Key Restriction: No Temporary Orders
Joint petitions come with one significant limitation: you cannot request temporary orders. Temporary orders allow courts to make interim decisions about child custody, child support, spousal support, and restraining orders while the divorce is pending.
This restriction makes sense given the joint petition's design. The process assumes complete agreement. If you need court intervention for temporary disputes, the adversarial framework (with its temporary motion practice) remains available.
Couples facing domestic violence, contested custody, or urgent financial issues should file standard petitions. Joint petitions work best for couples who have already negotiated their settlement—often with the help of collaborative attorneys or mediators—and simply need to formalize their agreement.
What Happens If Agreement Falls Apart
SB 1427 builds in an escape valve. Under Cal. Fam. Code § 2342, either party may revoke the joint petition at any time before the judgment becomes final by filing Form FL-720 (Notice of Revocation).
Upon revocation, the case automatically converts to a standard dissolution proceeding. "Petitioner 1" from the joint filing becomes the Petitioner, and "Petitioner 2" becomes the Respondent. The original filing date is preserved, meaning the six-month waiting period continues from the joint petition date rather than restarting.
This conversion feature reduces risk for couples uncertain whether their agreement will hold. You can attempt the cooperative route while knowing the standard process remains available as a backup.
Practical Takeaways for California Couples
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Reach agreement before filing, not after. The joint petition requires full agreement on every issue—property, debt, support, custody, and parenting time. Work with a mediator or collaborative attorneys before completing FL-700.
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Financial disclosure remains mandatory. Under Cal. Fam. Code § 2104, both spouses must provide complete financial information including Preliminary Declarations of Disclosure and Income and Expense Declarations. Joint filing does not waive transparency requirements.
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Consider whether you need temporary orders. If you require court-ordered child support, spousal support, or custody arrangements while the divorce is pending, standard filing remains necessary. Joint petitions only produce orders at final judgment.
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Budget for the $870 filing fee. Joint petitions cost the same as standard divorce filings. Fee waivers remain available for qualifying low-income filers.
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The six-month waiting period still applies. California requires six months from filing before any divorce (except legal separation) can become final. Joint petitions do not expedite this timeline.
Frequently Asked Questions
Can we file a joint petition if we have minor children?
Yes. SB 1427 removes all restrictions on eligibility for joint petitions. Couples with minor children can file jointly using Form FL-700, but must also complete Form FL-105 (UCCJEA Declaration) and agree on custody and parenting time arrangements. The California Courts Self-Help Guide confirms children do not disqualify couples from joint filing.
What if one spouse changes their mind after we file jointly?
Either spouse can revoke the joint petition at any time before judgment becomes final by filing Form FL-720 (Notice of Revocation). Under Cal. Fam. Code § 2342, the case then converts to a standard dissolution proceeding. Petitioner 1 becomes the Petitioner and Petitioner 2 becomes the Respondent, but the original filing date is preserved.
Does joint petition mean faster divorce in California?
No. California's mandatory six-month waiting period under Cal. Fam. Code § 2339 applies to all divorces, including joint petitions. However, joint filing eliminates service of process delays (typically 30-60 days) and the 30-day response period. Couples who have already reached agreement can finalize faster because they skip contested motion practice.
How much does a joint petition cost compared to regular divorce?
The filing fee is identical: $870 for either joint or standard petition. However, joint petitions typically cost less overall because they eliminate service fees ($40-150), reduce attorney time by avoiding contested motions, and encourage settlement-first negotiation. Couples can file without attorneys if they prepare agreements themselves.
Is joint petition the same as an uncontested divorce?
Not exactly. An uncontested divorce occurs when one spouse files, serves the other, and the respondent does not contest. The adversarial structure remains; the respondent simply chooses not to fight. A joint petition eliminates the adversarial structure entirely—both parties file together as equals. Joint petitions require pre-filing agreement; uncontested divorces can involve negotiation after filing.
California's joint petition represents a philosophical shift in how the law views marital dissolution. For 55 years, California divorce paperwork presumed a lawsuit between adversaries. SB 1427 finally creates a path for couples who want to dissolve their marriage cooperatively without one spouse suing the other.
The new process works best for couples who have already reached comprehensive settlement agreements—often those working with collaborative attorneys, mediators, or those who simply communicate well on their own. For everyone else, the standard petition process remains available.
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.