For the first time in California history, divorcing couples do not have to face each other as opponents on the court paperwork. As of January 1, 2026, spouses who agree can file for divorce or legal separation together, on a single form, with no one serving anyone.
Key Takeaway: Senate Bill 1427 (Chapter 190, Statutes of 2024) took effect January 1, 2026. It lets California spouses and domestic partners file a Joint Petition (Form FL-700) as Petitioner 1 and Petitioner 2. The petition is deemed served on both parties the moment it is filed, so there is no process server and no response deadline. Disclosures, the filing fee, and the 6 month waiting period for divorce all still apply.
The change is simple to state: California couples can now start a divorce or legal separation case jointly. The California Courts Self Help Guide describes the new joint petition as a way to start your case with one filing when you and your spouse agree on all final terms.
Concretely, the new process means:
- One petition, two petitioners. Form FL-700, the Joint Petition (Marriage or Domestic Partnership), is signed by both spouses, who appear as Petitioner 1 and Petitioner 2. Nobody is the respondent.
- No service of process. The statute says the joint petition is deemed served on both parties upon filing, and both are treated as having appeared. No process server, no proof of service, no 30 day response clock.
- One trip to the clerk. The couple files FL-700 with the Summons (Joint Petition), Form FL-710, and pays the filing fee together. The Self Help Guide lists the joint petition fee at $870 statewide, with fee waivers available.
- An exit ramp. Either spouse can revoke the joint petition before judgment using Form FL-720, converting the case to a standard divorce without losing the original filing date.
The Judicial Council published a full instruction sheet, FL-700-INFO, which walks through the process from filing to judgment. Our companion guide, How to File a Joint Divorce Petition in California, covers every form and step in detail.
Until 2026, every full California divorce began the same way, no matter how cooperative the couple was. One spouse filed a Petition, Form FL-100, becoming the petitioner. The other spouse became the respondent, and had to be formally served with the petition and summons by a third party.
That structure had real costs for agreeing couples:
- Someone had to "sue" someone. Even in a fully amicable split, the paperwork cast one spouse as the initiator and the other as the party being acted upon.
- Service of process added friction. A person 18 or older who was not a party had to hand-deliver the papers, and a Proof of Service had to be filed before the case could move.
- The respondent faced a deadline. The served spouse had 30 days to file a Response or risk a default, even when both spouses already agreed on everything.
- The waiting period waited on service. California's 6 month clock ran from the service date, so delays in serving papers delayed the divorce itself.
The only exception was summary dissolution, a streamlined joint process limited to short marriages with no children and little property. Everyone else went through the adversarial structure, agreement or not.
<h2 id="what-sb-1427-does">What SB 1427 Actually Does</h2>Senate Bill 1427, authored by Senator Allen, was approved on August 19, 2024 as Chapter 190 of the Statutes of 2024, with an operative date of January 1, 2026. It amended Family Code sections 2330, 2331, 2342, 2401, and 2402, and added new sections 2342.5 and 2342.51.
The heart of the bill is its service rule. In the statute's words, the joint petition "shall be deemed to be served on both parties upon the filing of the joint petition with the court and both parties shall be determined to have appeared in the matter." That single sentence removes the process server, the proof of service, and the response deadline from a cooperative divorce.
The bill also handles the practical mechanics:
- Fees. The joint filing carries the court fees both parties would otherwise pay to start and appear in a case, collected with the joint petition unless both parties receive fee waivers. The Self Help Guide lists the combined figure at $870.
- Revocation. Either party can convert the case back to a standard dissolution by filing amended paperwork, preserving the original case and filing date. The Judicial Council built Form FL-720 for this.
- No new eligibility gates. Unlike summary dissolution, the statute imposes no limits based on children, property, or marriage length. The requirement is agreement on the terms stated in the joint petition.
The joint petition was designed for couples who have already done the hard work of agreeing. In practice, the clearest winners are:
- Cooperative couples with kids or property who never qualified for summary dissolution and were stuck with the adversarial structure. They can now file together regardless of children, real estate, or how long they were married.
- Couples who struggled with service. Spouses who live together, or who simply did not want a process server involved, skip that step entirely.
- Couples who want the clock to start immediately. Because service happens at filing, the 6 month waiting period for divorce begins the day the FL-700 is filed, not whenever service finally gets completed.
- Couples who want the paperwork to match reality. Filing as Petitioner 1 and Petitioner 2 reflects a mutual decision instead of forcing a plaintiff-and-defendant frame onto an amicable split.
For a direct look at how the two routes stack up on cost, speed, and flexibility, see our comparison, Joint Petition vs Regular Divorce Petition in California.
<h2 id="what-stays-the-same">What Stays the Same</h2>The joint petition changes how a case starts, not what a California divorce requires. Under the new process you still have:
- Financial disclosures. Within 60 days of filing, each spouse completes and serves FL-140, FL-150, and FL-142 or FL-160, with two years of tax returns.
- The 6 month waiting period for divorce. Per FL-700-INFO, the earliest you can be divorced is six months and one day from the date you filed the FL-700. Legal separation has no waiting period.
- Judgment paperwork. You still submit FL-130, FL-170, FL-144 or final disclosures, a proposed FL-180 Judgment with your written agreement attached, and FL-190.
- Court fees. The $870 joint petition fee applies unless waived, and fee waivers use Form FW-001.
- The standard restraining orders. The ATROs printed on the Summons (Joint Petition, Form FL-710) bind both spouses from filing until final judgment, just as in any divorce.
The new process is genuinely narrower than a standard divorce in two ways, and the court's own instruction sheet is candid about both.
First, you cannot ask for court orders while the joint petition is pending. If either spouse needs temporary child support, custody, parenting time, spousal support, or discovery orders before judgment, one of you must first revoke the joint petition and move the case into the standard process. Couples who anticipate needing the court to decide anything should think hard before starting jointly.
Second, domestic violence changes the calculus. FL-700-INFO states that if there has been domestic violence or a protective or restraining order, the joint petition process may not be right for you, and points to the standard process instead. Anyone in that situation can also seek a domestic violence restraining order whether or not a divorce is on file, and the National Domestic Violence Hotline is available at 800-799-7233.
The joint petition assumes complete agreement, now and through judgment. If agreement is partial, fragile, or coerced, the traditional petition and response process exists precisely to protect each spouse's separate voice.
Can married couples in California really file for divorce together now?
Yes. Since January 1, 2026, California law allows spouses or registered domestic partners to file a single Joint Petition (Form FL-700) for dissolution of marriage or legal separation. Both sign the same petition, file it together as Petitioner 1 and Petitioner 2, and skip service of process entirely. The change comes from Senate Bill 1427, Chapter 190 of the Statutes of 2024, and the official process is documented on the California Courts Self Help Guide.
What law created the California joint divorce petition?
Senate Bill 1427, authored by Senator Allen, was approved on August 19, 2024 as Chapter 190 of the Statutes of 2024 and became operative on January 1, 2026. It amended Family Code sections 2330, 2331, 2342, 2401, and 2402, and added sections 2342.5 and 2342.51, creating the joint petition process. The Judicial Council then published the implementing forms, including FL-700, FL-710, FL-720, and the FL-700-INFO instruction sheet.
Is the joint petition the same as summary dissolution?
No. Summary dissolution (Form FL-800) is an older shortcut limited to marriages of 5 years or less with no children together and limited property and debts. The joint petition has none of those restrictions: couples with children, a house, retirement accounts, or a long marriage can all use it, as long as they agree on all the terms of their case. Summary dissolution still exists and remains an option for couples who qualify for it.
Does filing jointly mean the divorce is faster?
It removes the delays at the front of the case, but not the statewide waiting period. Because the joint petition is deemed served on both spouses the moment it is filed, the 6 month divorce waiting period starts on your filing date instead of waiting for a process server and a proof of service. There is also no 30 day response window, since there is no responding party. The earliest a joint petition divorce can be final is six months and one day after filing, and disclosures and judgment paperwork still take real time.
What happens if one spouse changes their mind after filing jointly?
Either spouse can revoke the joint petition at any time before the court enters judgment, without needing the other spouse's or the judge's approval. The revoking spouse files a Notice of Revocation of Joint Petition (Form FL-720) with an amended Petition (FL-100) or amended Response (FL-120) in the same case, and has the other spouse served. The case then continues as a standard divorce with the original filing date preserved.
Do we still have to exchange financial disclosures in a joint petition case?
Yes. Within 60 days of filing the joint petition, each spouse must complete and serve a Declaration of Disclosure (FL-140), an Income and Expense Declaration (FL-150), and a Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160), along with two years of tax returns. Filing together changes how the case starts, not California's financial transparency requirements.
How Virdix Helps With the New Joint Process
A joint petition case is won or lost on paperwork quality: one accurate petition, disclosures on schedule, and a judgment package the court accepts. Virdix prepares California divorce paperwork for exactly these cooperative cases:
- Plain-language questionnaire, built on the official Judicial Council forms
- Both spouses' information handled once, and carried consistently through the whole packet
- Checklists for disclosures and judgment, the two stages that stall most agreed cases
- County guidance, including where and how to file in your Superior Court
Explore our California divorce guides by county or start your paperwork today.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: Senate Bill 1427 (Chapter 190, Statutes of 2024), California Courts Self Help Guide, Joint Petition, Form FL-700-INFO, Judicial Council of California