For decades, California divorces have followed the same adversarial format: one spouse files as the “Petitioner,” the other responds as the “Respondent,” and the language throughout the process emphasizes conflict. Even when both parties agree on the terms of their separation, they were forced into this framework – or limited to a highly restrictive “summary dissolution” process that excluded most couples.
That changes on January 1, 2026, when Senate Bill 1427 (SB 1427) takes effect. This new law introduces a transformative “Joint Petition” process that allows divorcing couples to file together from the very beginning, setting a cooperative tone and streamlining the path to dissolution for those who can reach agreement.
How the New Law Changes the Filing Process
Under the traditional system, one spouse must initiate the divorce by filing a petition, effectively “suing” the other party. The second spouse is then served with papers and labeled the “Respondent.” This structure can create unnecessary tension, even when both parties are committed to working together.
SB 1427 fundamentally changes this dynamic. The new Joint Petition process allows both spouses to file as “Petitioner 1” and “Petitioner 2” from day one. By signing the petition together, couples signal their intent to approach the divorce cooperatively rather than adversarially.
Who Can Use This Streamlined Approach?
One of the most significant aspects of SB 1427 is how it expands access. Unlike the older summary dissolution process – which was limited to marriages of five years or less, couples without children, and those with minimal assets – the new Joint Petition is available to nearly everyone.
No Marriage Duration Limits: Whether you have been married for two years or twenty years, you can use this process.
Available to Parents: Couples with minor children are now eligible for this streamlined path. Previously, having children automatically disqualified you from the simplified summary dissolution process.
No Asset Caps: You can utilize the Joint Petition process even if you have significant property, complex assets, or substantial debts. There are no financial limits.
Primary Requirement: The main condition is straightforward: both spouses must mutually agree to use the process and work toward a full written settlement on all issues, including property division, support, and custody arrangements if applicable.
Advantages of Filing a Joint Petition
The new law offers several practical advantages that can make divorce less stressful and more efficient:
Eliminates “Service of Process”: By signing the joint petition together, it is deemed “served” on both parties immediately. This avoids the stress, delay, and expense of hiring a process server to formally deliver divorce papers to your spouse.
Reduces Adversarial Friction: The paperwork no longer includes “You have been sued” language. This “Petitioner 1 and Petitioner 2” framing sets a collaborative tone for the entire case and can help preserve communication between spouses.
Faster Procedural Start: You can submit your final settlement agreement and proposed judgment immediately after filing, rather than waiting for response deadlines to pass. This can significantly accelerate the overall timeline.
Flexibility: If at any point the collaboration fails and court intervention becomes necessary – such as for a motion or trial – either party can “revoke” the joint petition and convert the case to a traditional dissolution without starting over. You do not lose your filing date or have to begin the process from scratch.
What Legal Requirements Still Apply
While SB 1427 streamlines the start of the divorce case, it does not bypass critical legal protections that exist to ensure fairness:
Financial Disclosure: Both spouses are still legally required to exchange full, transparent disclosures of all income, assets, and debts. This requirement, mandated by California Family Code Section 2104, ensures that both parties have complete information when negotiating the settlement. California’s financial disclosure requirements apply to every divorce case and help ensure fair property division.
Six-Month Waiting Period: Consistent with California Family Code Section 2339, your marital status cannot officially end until six months and one day after the joint petition is filed. This waiting period applies to all California divorces, regardless of how quickly you reach agreement.
Mandatory Forms: You must use the new Joint Petition for Dissolution (Form FL-700) and Joint Summons (Form FL-710) to initiate the process. These forms are specifically designed for the joint petition process and will be available through the California Courts system.
FAQs
Does using the Joint Petition process mean we do not need lawyers?
Not necessarily. While the Joint Petition process is designed to be more accessible, divorce involves complex legal and financial issues. Many couples still benefit from legal guidance to ensure their settlement agreement is comprehensive, fair, and legally enforceable. An attorney can review your agreement before you file or help you draft it.
What happens if we disagree on something after filing the Joint Petition?
If disagreements arise that cannot be resolved through negotiation, either spouse can revoke the joint petition and convert the case to a traditional dissolution. The case continues with the same filing date, but the court can then intervene to resolve disputed issues.
Can we use the Joint Petition if one of us lives outside California?
Yes, as long as you meet California’s residency requirements for divorce. At least one spouse must have been a California resident for six months and a resident of the county where you file for three months before filing.
Is the Joint Petition process the same as a summary dissolution?
No. Summary dissolution is a separate, highly restrictive process limited to couples married five years or less, with no children, minimal assets, and limited debt. The Joint Petition process is available to far more couples and can accommodate complex property divisions and parenting plans.
Navigating Your Divorce with Professional Guidance
The Joint Petition process represents a meaningful shift in how California approaches divorce. For couples who can communicate effectively and reach agreement on the terms of their separation, it offers a more dignified and efficient path forward.
However, even amicable divorces require careful attention to legal details. Working with an experienced family law attorney can help you navigate the process, ensure your settlement agreement protects your interests, and avoid common pitfalls that could create problems down the road.
If you are considering divorce and believe the Joint Petition process might be right for you and your spouse, reach out to Drury Pullen Law for guidance. We can help you understand your options, prepare the necessary paperwork, and create a comprehensive settlement agreement that sets both of you up for success in your new chapter. Our legal team is here to provide clarity and support as you navigate this important transition.