California spouses can now file a single joint petition for divorce using new Form FL-700, effective January 1, 2026. Under SB 1427 (Allen), both spouses sign and file together—eliminating service of process and the adversarial Petitioner-versus-Respondent framework that has governed California dissolutions since 1970. Unlike summary dissolution, this option is open to couples with children, real estate, and substantial assets.
| Detail | Summary |
|---|---|
| What happened | California enacted SB 1427, creating a joint petition for dissolution and legal separation |
| When | Signed 2024; effective January 1, 2026 |
| Where | California (statewide) |
| Who's affected | Married couples and registered domestic partners filing for divorce or legal separation |
| Key statute/rule | New California Family Code provisions added by SB 1427; new Judicial Council Form FL-700 |
| Impact | No service of process required; both spouses are joint petitioners with equal standing |
Why this matters legally
SB 1427 ends the 55-year-old requirement that one spouse sue the other to obtain a California divorce. Since the 1970 Family Law Act made California the first no-fault divorce state, every dissolution required a Petitioner to file and a Respondent to be served—a structure that framed even amicable splits as adversarial litigation. The new joint petition replaces that model for couples who agree to proceed together.
The most consequential change is the elimination of service of process. Previously, after filing Form FL-100, the Petitioner had to formally serve the Respondent with the summons and petition, then file a Proof of Service (Form FL-115). Missed or defective service routinely delayed cases and triggered motions to quash. Under SB 1427, when both spouses sign and file Form FL-700 jointly, there is no Respondent to serve—both parties are petitioners from day one.
This is broader than the existing summary dissolution procedure under Cal. Fam. Code § 2400, which is restricted to couples married less than five years with no children, no real property, and limited assets and debts. The joint petition carries no such caps: couples with minor children, a family home, retirement accounts, and significant property can use Form FL-700, provided they agree to file together.
How California law handles this
California remains a pure no-fault, community property state, and SB 1427 changes none of those substantive rules—only the procedural entry point. Under Cal. Fam. Code § 2310, the sole ground for dissolution is irreconcilable differences, and a joint petition still asserts that same ground. The statutory six-month minimum waiting period under Cal. Fam. Code § 2339 continues to apply: no California divorce is final sooner than six months and one day after the case begins, even when both spouses file jointly on day one.
Community property division is unaffected. Cal. Fam. Code § 2550 still requires courts to divide the community estate equally (50/50) absent a written agreement otherwise, and Cal. Fam. Code § 760 still defines property acquired during marriage as community property. Couples using the joint petition must still complete and exchange preliminary declarations of disclosure under Cal. Fam. Code § 2104, including a schedule of assets and debts and an income and expense declaration. The joint petition streamlines who initiates the case—not what financial transparency the law demands.
Child support and parenting arrangements likewise follow existing law. Child support is calculated under the statewide guideline formula in Cal. Fam. Code § 4055, and custody determinations remain governed by the best-interest standard in Cal. Fam. Code § 3011. A joint petition presumes the couple has reached, or will reach, agreement on these issues; where parents cannot agree, the court still resolves contested custody and support through its ordinary processes.
Practical takeaways
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Confirm both spouses genuinely agree before choosing Form FL-700. The joint petition is designed for couples aligned on dissolution; if either spouse may later contest property division, custody, or support, the traditional Petitioner/Respondent track under Cal. Fam. Code § 2330 may better protect procedural rights.
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Do not skip financial disclosures. Even with a joint filing, both parties must serve preliminary declarations of disclosure under Cal. Fam. Code § 2104. A judgment can be set aside later if disclosures were incomplete or fraudulent.
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Calendar the six-month clock. Filing jointly does not accelerate finality. Under Cal. Fam. Code § 2339, the earliest your dissolution can be final is six months and one day after the joint petition is filed.
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Address children's issues directly. Couples with minor children must still file a parenting plan and guideline child support figures. The joint petition assumes agreement; reduce your parenting arrangement and support terms to writing before filing.
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Get an attorney to review any marital settlement agreement. The joint petition lowers the procedural barrier to filing, but it does not provide legal advice on whether your division of a home, pension, or business is fair or correctly characterized as community versus separate property.
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Verify you are using the current form. Form FL-700 is the new Judicial Council form created for this process. Confirm the revision date and check your county's local rules, as some courts may issue supplemental filing instructions during the 2026 rollout.
If you and your spouse are considering a joint petition, it is worth a brief consultation to confirm the joint track fits your situation and that your settlement terms protect you. A California family law attorney can review your disclosures and proposed agreement before you file, when changes are easiest to make.
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.