How to File a Joint Divorce Petition in California: FL-700 Guide (2026)

Starting January 1, 2026, California couples who agree on their divorce no longer have to pick a "petitioner" and a "respondent" and serve each other with court papers. Form FL-700, the Joint Petition (Marriage or Domestic Partnership), lets both spouses start the case together with one filing.

Form FL-700 is the California Judicial Council form titled Joint Petition (Marriage or Domestic Partnership). It is the document that opens a divorce, dissolution of domestic partnership, or legal separation case when both spouses file together, and it is new as of January 1, 2026.

The form exists because of Senate Bill 1427 (Chapter 190, Statutes of 2024), which added a joint petition process to the Family Code. Before this law, every California divorce began with one spouse filing a Petition (Form FL-100) against the other, even when both spouses fully agreed. The official California Courts Self Help Guide now describes the joint petition as a way to start your case with one filing.

On FL-700, the spouses are listed as Petitioner 1 and Petitioner 2. There is no respondent. For any later form in your case that still says "Petitioner" and "Respondent," Petitioner 1 uses the petitioner spots and Petitioner 2 uses the respondent spots.

Any married couple or registered domestic partners can use the joint petition, as long as both of you agree on all of the terms of your case. That is the real eligibility test: agreement.

Unlike summary dissolution, the joint petition has no limits based on children, property, or length of marriage:

• Couples with minor children can file jointly (you will also complete Form FL-105, the UCCJEA declaration)
• Couples who own a home, retirement accounts, or a business can file jointly
• Long marriages qualify; there is no 5 year cap

If your marriage lasted 5 years or less and you have no children and limited property, compare the joint petition against summary dissolution first; our guide to Summary Dissolution with Form FL-800 covers that shorter process.

Two important limits to understand before choosing this route:

1. You cannot ask for temporary orders. While a joint petition is pending, neither spouse may file a request for court orders. If you need temporary child support, custody, or spousal support orders, this is the wrong process, or you will need to revoke the joint petition later.
2. It may not fit cases involving domestic violence. The Judicial Council's FL-700-INFO sheet states directly that if there has been domestic violence or a restraining order, this process may not be right for you.

California's standard residency rules for divorce were not changed by the new law, so the usual requirements for a dissolution judgment still apply. If you have questions about residency in a joint case, ask your county Superior Court's self-help center.

According to the official FL-700-INFO instruction sheet, you start your case by filling out:

• FL-700, Joint Petition (Marriage or Domestic Partnership), signed by both spouses
• FL-710, Summons (Joint Petition)

And if you and your spouse or domestic partner have children together:

• FL-105, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

The Summons in a joint case is not there to be served on anyone. It carries the standard temporary restraining orders (the ATROs) that apply in every California family law case, restricting things like moving children out of state or transferring property while the case is open. Those orders bind both spouses from filing until final judgment.

Here is the process from filing to judgment, following the court's own instruction sheet.

1. Complete and sign the forms together

Fill out FL-700 and FL-710, plus FL-105 if you have children together. Both spouses sign the joint petition. Because the petition states the terms you both agree to, take the time to make sure it is complete and accurate before either of you signs.

2. File with your county Superior Court

File your originals and copies with the Superior Court. Depending on your county, you can file in person, by mail, or online through e-filing if your court supports it; check with your county clerk. You pay the filing fee at this point (covered in detail below).

3. Service happens automatically

This is the step that disappears. Under the statute, the joint petition is deemed served on both parties upon filing, and both of you are treated as having appeared in the case. No process server, no Proof of Service (FL-115), no 30 day clock for a Response.

4. Exchange financial disclosures

Within 60 days of filing, each spouse completes and serves financial disclosures. This step is unchanged from a standard divorce and is covered in the next section.

5. Put your agreement in judgment form

Once disclosures are done and the waiting period allows, you submit judgment paperwork with your written agreement attached. The court reviews it, and a judge signs the judgment.

Filing jointly does not skip financial transparency. Within 60 days of filing the joint petition, you and your spouse must each fill out and serve:

• FL-140, Declaration of Disclosure
• FL-150, Income and Expense Declaration (this one is also filed with the court)
• FL-142, Schedule of Assets and Debts, or FL-160, Property Declaration

Have someone 18 or older who is not a party mail the completed forms, along with your last two years of tax returns, to your spouse. Only FL-150 gets filed with the court; the other disclosure documents are exchanged between you, not filed. Then each of you files FL-141, the declaration telling the court the disclosures were served.

To finish your case, the FL-700-INFO sheet says you must turn in at least the following:

• FL-130, Appearance, Stipulations, and Waivers, signed by both of you
• FL-170, Declaration for Default or Uncontested Dissolution or Legal Separation, signed by either spouse
• FL-144, Stipulation and Waiver of Final Declaration of Disclosure, signed by both (or repeat the disclosure process for final disclosures)
• FL-180, a proposed Judgment with your signed written agreements attached
• FL-190, Notice of Entry of Judgment with current contact information for both of you

If you have children together or agreements about support, additional attachment forms may be required; the court's finalize your divorce guide lists them. If either parent receives CalWORKs, a representative of the local child support agency must sign the proposed judgment before you submit it.

For divorce, the earliest the judgment can take effect is six months and one day from the date you filed the FL-700. Because service happens at filing, the clock starts the day you file. Legal separation has no waiting period. Either way, you are not divorced or separated until the court enters judgment.

Either spouse can revoke the joint petition at any time before the court enters judgment, without the judge's or the other spouse's approval. Here is the process from FL-700-INFO:

1. Fill out and sign an amended FL-100 Petition (if you are Petitioner 1) or an amended FL-120 Response (if you are Petitioner 2), checking the "Amended" box, plus FL-720, Notice of Revocation of Joint Petition
2. File them in the same case, using the same case number as the joint petition
3. Have someone 18 or older who is not a party serve the other spouse with the filed forms

Once the amended petition or response is filed, the joint petition is revoked. Petitioner 1 becomes the petitioner, Petitioner 2 becomes the respondent, and the case moves forward like a standard contested case. The court does not issue a new summons, the original filing date is preserved, and the standard restraining orders from FL-710 keep applying. The other spouse then has 30 days after being served to file their own amended FL-100 or FL-120.

Revocation is also the required first step if you need court orders before judgment. Revoke first, then file a Request for Order (Form FL-300).

The California Courts Self Help Guide lists the filing fee for a joint petition at $870, paid when you file. That figure reflects the court fees for both spouses in one payment: the statute ties the joint petition fee to the fees both parties would otherwise owe for starting and appearing in a case.

If you cannot afford the fee, you can request a fee waiver with Form FW-001, Request to Waive Court Fees. Under the statute, the fee applies unless both parties receive fee waivers, so if only one of you qualifies, ask your county clerk how your court handles it before you file.

How a Document Prep Service Helps With FL-700

A joint petition case lives or dies on completeness: one petition both spouses sign, disclosures done on time, and a judgment package the court will accept on the first pass. Virdix is built for exactly that kind of cooperative filing:

• Guided questions, plain-language prompts replace the legal terminology on the forms
• One set of consistent answers, your names, dates, and property carry through every form in the packet
• Disclosure tracking, so the 60 day disclosure step does not stall your judgment
• Complete judgment paperwork, generated from the agreement you both actually reached

We don't replace an attorney, and the joint petition only works when you truly agree on everything. But for cooperative couples, Virdix helps make sure your FL-700 packet is complete and consistent from the start. You can also browse our county-by-county divorce guides for local court details.

Start Your California Divorce Paperwork →

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: California Courts Self Help Guide, Joint Petition, Form FL-700-INFO, Senate Bill 1427 (Chapter 190, Statutes of 2024), Judicial Council of California