As of January 1, 2026, couples in California can file a joint petition for a divorce. No longer does one spouse have to sue the other for divorce. Under the new law, the divorce court process is started with the filing of the FL-700 Joint Petition form. This starts the couple’s divorce case.
This form and process can also be used if a couple wants to dissolve a domestic partnership or obtain a Legal Separation.
The catch is that it’s only appropriate to use the FL-700 Joint Petition process if the couple either already agrees or plans to agree on all the issues in their case.
Joint Petition FL-700 Key Points
As with a traditional divorce filing, there are residency requirements which must be met. These are spelled out on page 3 of the form.
As with virtually all traditional divorces nowadays, the legal grounds are simply “irreconcilable differences.” This also applies for domestic partnerships and legal separations.
All of the standard restraining orders listed on page 2 of the Summons (form FL-710) will apply to both spouses as soon the Joint Petition FL-700 is filed.
Each spouse needs to be willing to testify that the facts presented in the joint petition are true. Such testimony would only rarely be required.
Before the court enters a Judgment, neither spouse may request any order from the court, unless one of the spouses first revokes the joint petition.
If one of the spouses later decides to revoke the joint petition, the case will remain active. The date the joint petition was filed will be the filing date of the case. A new (non-joint) petition will need to be filed if a spouse wants to pursue the divorce.
Issues Requiring Agreement
When using the Joint Petition FL-700 process, the couple will need to work out and document a complete settlement agreement. This agreement will need to be filed with the court, along with a number of court forms.
The main topics or issues which will need to be agreed upon and documented are:
- Date of separation;
- Spousal support;
- Division of assets and debts;
- Fees and costs.
If the couple has minor children, they will also need to agree upon and document:
Many couples may need some assistance to understand the details of what is required in a settlement document and the basics of the relevant law. And many couples may want some assistance to help them reach agreement on everything. Experienced divorce mediators can provide this assistance.
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