The California Senate has recently introduced Senate Bill 1427, which allows spouses who agree on all terms to file for divorce or legal separation together without having to go through a lengthy process. Senate Bill 1427 & uncontested divorce in California can now go hand-in-hand.
If you are seeking to file an uncontested divorce in California, the team at Drury Pullen Law can help. We have been serving the Santa Barbara area for more than two decades, practicing in divorce and family law.
Senate Bill 1427 Explained
California’s Senate Bill 1427 was introduced in August of 2024 and went into effect on January 1, 2026. It establishes a new way for couples, including those with children, to file for divorce or legal separation jointly. Under this new bill, there will be no adversarial process required to initiate the divorce process; rather, couples are able to start the process themselves.
The introduction of this bill allows couples to save time and money during the divorce process. Prior to the introduction of Senate Bill 1427, filing for divorce typically required a formal legal process to begin.
Previously, one spouse had to file a petition and formally serve the other spouse to begin the divorce process. Senate Bill 1427 allows spouses who agree on all terms of the divorce to file a joint petition together. This eliminates the need for service and reduces the adversarial nature of the process.
The six-month waiting period for filing jointly still applies under the new law, and the process is less costly and saves time. Cooperation can also foster healthier relationships between spouses and their children.
Uncontested Divorce in California
An uncontested divorce is defined as a divorce that is granted by the court without having to go through a lengthy adversarial process. Spouses who are not disputing issues such as property or support are able to go through an uncontested divorce. Cooperation is required if you choose to go through the uncontested divorce process. If you and your spouse cannot agree on terms, you must go through the traditional divorce process.
California has one of the lowest divorce rates in the country, despite being one of the most populous states. In Santa Barbara, divorce hearings generally take place at the Superior Court of California, County of Santa Barbara, at 118 E. Figueroa Street.
Eligibility for Senate Bill 1427 Divorce
Senate Bill 1427 has allowed for more flexibility regarding the requirements for an uncontested divorce in California. Under the previous law, you could file for summary dissolution if:
- Spouses have been married for less than five years.
- Spouses do not have any children together.
- Spouses do not want spousal support payments.
- Spouses agree on property division.
- Spouses have lived in California for at least six months, in the county where you want to file for at least three months, and at least one spouse meets the residency requirements.
Now, under the new law, these requirements are less strict, and summary dissolutions are no longer the only option for an uncontested divorce. Spouses who are jointly filing a petition for divorce must state specific facts about their marriage, including the date of birth and age of any children that were born during the course of the marriage.
FAQs
Q: What Is Senate Bill 1427, and How Does it Change the Uncontested Divorce Process in California?
A: Senate Bill 1427 is a new bill that went into effect on January 1, 2026. It changes the uncontested divorce process so it is now easier for couples to jointly file a petition to dissolve their marriage. There is no longer a requirement to file for a summary dissolution, which has a lot of strict requirements, including that spouses do not have any children. Now, spouses with children are able to file for an uncontested divorce in California.
Q: Who Qualifies for an Uncontested Divorce Under Senate Bill 1427 in California?
A: Under Senate Bill 1427, the requirements for an uncontested divorce are less strict than they were under the previous law. Marriages do not have to meet the requirements for summary dissolution in order to jointly file for an uncontested divorce. Spouses who have children can now go through this process. As long as both spouses agree on the terms of their divorce, they are able to jointly file a petition for divorce.
Q: How Does Senate Bill 1427 Simplify or Streamline Divorce Procedures for Eligible Couples?
A: Senate Bill 1427 removes the adversarial process for initiating a divorce in California. Under the previous law, there were certain requirements that had to be met in order for someone to initiate a divorce. Requirements included residency requirements, being married for at least five years, spouses not having any children, and having limited assets. Now the divorce procedures have fewer restrictions, and the process is much faster.
Q: What Are the Limitations or Potential Drawbacks of Pursuing an Uncontested Divorce Under Senate Bill 1427?
A: Pursuing an uncontested divorce requires that both spouses are on the same page regarding divorce terms. If spouses cannot agree on terms such as property division and child custody without the court’s intervention, then they would have to go through the traditional divorce process. Also, if a divorce case is more complex, for example, if there are significant assets that must be divided, an uncontested divorce may not work.
Hire a Divorce Lawyer
Now that a new divorce law has been enacted, there may be questions that need to be asked when trying to begin the divorce process. Our team can also explain filing requirements, timelines, and the steps involved in reaching agreements about important matters. We can also help you better understand the impact of Senate Bill 1427 & uncontested divorces.
Divorce laws and procedures can change over time. Knowing how those changes affect your specific situation can make the process less confusing and give you some peace of mind while you navigate legal matters.
To request a consultation, you can call, email, fax, or visit Drury Pullen Law in Santa Barbara. Don’t wait, hire a divorce lawyer today.