Joint Petition

On January 1, 2026, an important new divorce law went into effect in California.  It provides for a slightly streamlined divorce and is potentially available for all California divorces.  The law is called Senate Bill 2417 (SB 1427).  It allows a Joint Petition for Dissolution of Marriage.  The new process can also be used for a Legal Separation.

A similar process called a Summary Dissolution has been available for many years.  But it was restricted to the few couples who qualified to use it.  You had to have a short marriage, no children and minimal assets.

The traditional court process is inherently adversarial. One spouse has to be the Petitioner and the other spouse is the Respondent.  It invites each spouse to “lawyer-up.”  And a protracted and expensive battle often ensues.

The new law makes a ssimplified divorce process available to all divorces in which the couple can work out a complete settlement agreement.

Joint Petition

Under SB 1427, spouses who are (or plan to be) in agreement on all key aspects of their divorce may now file a single, joint petition.  The form to use is FL-700.  No competing filings are required.  There are no longer “opposing parties” in any part of the divorce process.  Both spouses are on equal footing before the court as joint petitioners.

Since the joint petition is filed by both spouses, neither spouse needs to be served.

Then once the couple has worked out and documented a complete settlement agreement, it can be filed with the court.  It must be accompanied by a number of court forms.  But assuming the agreement covers all the required bases and is not illegal in any way, it normally will be approved by the court and a divorce judgment will be issued.

This cooperative approach can avoid the unnecessary escalation of conflict and dramatically reduce legal costs, delays, and stress.

Of course, many couples need assistance to understand what is required in a settlement document.  And many couples need assistance to be able to reach agreement on everything.

Divorce mediators (rather than divorce attorneys) are the natural professionals to provide this assistance.

Joint Petition Procedural Drawbacks

Each spouse must pay the filing fee (about $435 each).  With an uncontested traditional divorce, it’s possible to pay only one filing fee.

If either spouse wants to revoke (end) the joint petition, they can do so without the approval of the other spouse.  If this happens, the divorce case doesn’t close or restart.  Assuming a spouse still wants to divorce, they will need to file a new petition (FL-100) and have it served on the other spouse.