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California SB 1427: New Joint Divorce Petition (Form FL-700), $435 Fee, Jan 1 2026

SB 1427's Joint Petition for Dissolution (Form FL-700) lets California spouses file together Jan 1, 2026 — no service of process, $435 fee, minor kids OK.

By Antonio G. Jimenez, Esq.California6 min read

Effective January 1, 2026, California's SB 1427 (Chapter 190, Statutes of 2024) creates a Joint Petition for Dissolution (Form FL-700) that lets spouses file divorce together as co-petitioners for a single $435 fee — with no service of process, no marriage-length limit, no asset cap, and eligibility even for couples with minor children. It is the biggest procedural change to California uncontested divorce in decades.

The Los Angeles Superior Court announced the new option in a December 29, 2025 press release, confirming that the Judicial Council forms went live statewide on the January 1 effective date. For genuinely amicable couples, this collapses the traditional two-party filing dance into a single cooperative document.

Key Facts

ItemDetail
What happenedSB 1427 created a Joint Petition for Dissolution (Form FL-700) allowing spouses to file together as co-petitioners
WhenEffective January 1, 2026
WhereCalifornia (statewide, all superior courts)
Who's affectedMarried couples and registered domestic partners seeking an uncontested, cooperative dissolution — including those with minor children
Key statute/ruleSB 1427, Chapter 190, Statutes of 2024; Judicial Council Forms FL-700 (joint petition) and FL-720 (revocation)
ImpactNo service of process, single $435 filing fee, no asset cap, no marriage-length limit; six-month waiting period and financial disclosures still apply

Why this matters legally

SB 1427 eliminates the single biggest friction point in an amicable California divorce: service of process. Under the traditional model, one spouse files a Petition (Form FL-100) and must then formally serve the other spouse with a Summons (Form FL-110) and file Proof of Service. When a couple already agrees to divorce, that step is pure procedural theater — and a common source of delay, cost, and unnecessary conflict.

The Joint Petition treats both spouses as co-petitioners on the same document. Neither party is the "respondent," so there is no one to serve, no default risk, and no adversarial framing baked into the caption from day one. This is significant because California processes roughly 150,000 divorce filings each year, and a large share are uncontested cases where the old adversarial structure added friction without adding fairness.

Critically, the reform preserves both spouses' protections. Either party can revoke the joint petition by filing Form FL-720 and convert the matter into a traditional dissolution — without losing the original filing date. That date-preservation matters because California's six-month minimum waiting period under Cal. Fam. Code § 2339 runs from the date the case begins, not from any later conversion.

How California law handles this

California remains a pure no-fault, community property state, and SB 1427 changes the procedure — not the substance — of dissolution. The joint petition still runs through the same core Family Code framework that governs every California divorce.

The mandatory six-month waiting period survives intact. Under Cal. Fam. Code § 2339, no California divorce becomes final until at least six months and one day after the case is initiated. Filing jointly on January 1 does not accelerate this; the earliest a joint-petition divorce can be finalized is early July of the same year.

Full financial disclosures also remain mandatory. Both co-petitioners must exchange a Declaration of Disclosure — including a Schedule of Assets and Debts and an Income and Expense Declaration — under Cal. Fam. Code § 2104. The statute requires each party to serve a preliminary declaration disclosing all assets and liabilities; skipping this step can void a later judgment even in a cooperative case. Property is still divided as community property under Cal. Fam. Code § 760, which presumes assets acquired during marriage are owned equally (50/50) and split accordingly.

For couples with minor children, the joint petition does not shortcut custody and support obligations. The court must still find that any parenting arrangement serves the child's best interest under Cal. Fam. Code § 3011, and guideline child support is calculated under Cal. Fam. Code § 4055 regardless of how the case was filed. Couples working out a parenting plan can review child custody arrangements before drafting their agreement.

Practical takeaways

  1. Confirm you are genuinely uncontested before filing FL-700. The joint petition assumes both spouses agree on the divorce itself and are prepared to cooperate on property, support, and any parenting issues. If there is real disagreement, the traditional two-party process gives you procedural room the joint petition is not designed for.

  2. Budget for the $435 filing fee and know a fee waiver may apply. The single first-appearance fee is $435 in most California counties (some counties add small local surcharges). If you cannot afford it, request a fee waiver using Form FW-001 — the joint petition does not remove that option.

  3. Do not skip the financial disclosures. Even in a friendly divorce, both co-petitioners must exchange a Declaration of Disclosure under Cal. Fam. Code § 2104. Incomplete disclosure is the most common reason a cooperative California judgment gets rejected or later set aside. Our divorce cost estimator can help you plan for filing and related expenses.

  4. Remember the six-month clock runs from your filing date. Because the waiting period under Cal. Fam. Code § 2339 starts when you file, submitting your FL-700 promptly — even before your settlement is fully drafted — can start the clock earlier. Just be sure the settlement is complete before you seek judgment.

  5. Preserve your options if things change. If cooperation breaks down, either spouse can file FL-720 to revoke and convert to a traditional dissolution without losing the original filing date. Map out your next steps with a personalized divorce roadmap so you understand both paths before you commit.

If you are weighing whether the new joint petition fits your situation — especially where children, retirement accounts, a business, or significant real estate are involved — it is worth a conversation with a family law professional who handles California cases. You can find a divorce attorney who serves your county to review your agreement before you file.

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.

Key Questions

When does California's SB 1427 joint petition for divorce take effect?

SB 1427 (Chapter 190, Statutes of 2024) takes effect January 1, 2026. On that date the Judicial Council's Joint Petition for Dissolution (Form FL-700) became available statewide in all California superior courts, letting eligible spouses file divorce together as co-petitioners.

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

The California joint petition (Form FL-700) carries a single first-appearance filing fee of $435 in most counties, though some add small local surcharges. Couples who cannot afford the fee may request a waiver using Form FW-001, which remains available for joint filings.

Can couples with minor children use California's joint petition for dissolution?

Yes. SB 1427 places no asset cap, no marriage-length limit, and no bar on minor children. However, guideline child support under Cal. Fam. Code § 4055 and best-interest custody findings under § 3011 still apply, so parenting and support terms must be fully resolved.

Does the joint petition skip California's six-month divorce waiting period?

No. Under Cal. Fam. Code § 2339, no California divorce is final until at least six months and one day after the case begins. Filing jointly does not shorten this; a joint petition filed January 1, 2026 cannot be finalized before early July 2026.

What happens if one spouse changes their mind after filing a joint petition?

Either co-petitioner can revoke the joint petition by filing Form FL-720 and convert the case to a traditional dissolution. Critically, the original filing date is preserved, so the couple does not lose progress on the six-month waiting period required under Cal. Fam. Code § 2339.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering California divorce law