Since January 1, 2026, California couples have had two front doors into a divorce case: the new joint petition (Form FL-700) and the traditional petition and response (FL-100 and FL-120). Both end at the same judgment. The right choice depends almost entirely on one question: do you and your spouse genuinely agree on everything?
Key Takeaway: The joint petition removes service of process, the response deadline, and the adversarial petitioner-versus-respondent structure, and starts the 6 month clock on the day you file. In exchange, it requires complete agreement and blocks either spouse from requesting court orders before judgment. The traditional route costs a filing fee on each side and involves formal service, but it works whether or not you agree, and it is the only route that can handle disputes.
California created the joint petition through Senate Bill 1427 (Chapter 190, Statutes of 2024), operative January 1, 2026. Our explainer on the new joint divorce petition law covers the background; this article focuses on the practical decision between the two routes.
The short version:
- Joint petition (FL-700): both spouses sign and file one petition together as Petitioner 1 and Petitioner 2. No service, no respondent, no response deadline. Requires agreement on all terms.
- Traditional petition (FL-100): one spouse files and becomes the petitioner. The other is formally served, becomes the respondent, and has 30 days to file a Response. Works for agreed cases, disputed cases, and everything in between.
The joint route starts with agreement and stays there. You and your spouse complete Form FL-700 and the Summons (Joint Petition, Form FL-710), plus Form FL-105 if you have children together, and file them at your county Superior Court with the filing fee. The California Courts Self Help Guide lists that fee at $870 statewide, covering both spouses' court fees in one payment, with fee waivers available.
From there, per the official FL-700-INFO sheet:
- The petition is deemed served on both of you at filing, and both of you have appeared in the case
- Within 60 days, each spouse completes and serves financial disclosures (FL-140, FL-150, and FL-142 or FL-160)
- When the waiting period allows, you submit judgment paperwork (FL-130, FL-170, FL-144, FL-180 with your written agreement attached, and FL-190)
- The earliest a divorce judgment can take effect is six months and one day from the date you filed
The tradeoff is rigidity. While the joint petition is pending, neither spouse may file a request for court orders. No temporary custody, no temporary support, no discovery motions. If you need any of that, one of you must first revoke the joint petition and convert the case to the standard process.
<h2 id="how-the-traditional-route-works">How the Traditional Route Works</h2>The traditional route is the process California used exclusively before 2026, and it remains fully available. One spouse files FL-100 and a Summons (FL-110), pays a filing fee, and arranges for a person 18 or older who is not a party to serve the other spouse. A Proof of Service, FL-115, goes to the court, and the respondent has 30 days to file FL-120 and pay their own first appearance fee, or risk default.
What the traditional route gives up in simplicity, it returns in flexibility:
- Either spouse can request temporary orders for custody, support, or property control at any point
- It works when only one spouse wants the divorce, or when the other spouse will not participate at all (default)
- It handles partial agreement: you can settle what you agree on and let the court decide the rest
- Built-in protections, like the response deadline and formal service, ensure each spouse gets independent notice and a separate voice
The 6 month waiting period on this route runs from the date the respondent is served, not the filing date, so slow service directly delays the earliest possible judgment.
| Joint petition (FL-700) | Traditional petition (FL-100/FL-120) | |
|---|---|---|
| Who files | Both spouses together, as Petitioner 1 and Petitioner 2 | One spouse files; the other responds or defaults |
| Agreement required | Yes, on all terms, before filing | No; works for agreed, partial, and disputed cases |
| Service of process | None; deemed served on both at filing | Required; third party serves the respondent, proof filed |
| Response deadline | None; both spouses have already appeared | Respondent has 30 days to file FL-120 |
| Court fees | $870 in one payment, covering both spouses (fee waiver via FW-001) | A filing fee for the petitioner, and a separate fee for the respondent who files a response (fee waiver via FW-001) |
| 6 month clock starts | Date the joint petition is filed | Date the respondent is served |
| Temporary orders | Not available while joint petition is pending; must revoke first | Available at any time via Request for Order (FL-300) |
| Financial disclosures | Required, within 60 days of filing | Required, on the same statewide rules |
| Domestic violence situations | The court's own instructions say this process may not be right | Standard route, with restraining orders available in the case |
| If cooperation breaks down | Either spouse revokes with FL-720; case converts, filing date preserved | Case is already structured to handle disagreement |
| Children, property, long marriage | All allowed; no eligibility caps | All allowed |
The joint route is the better fit when your case is genuinely, durably agreed. Look for all of these:
- You and your spouse agree on property division, support, and custody and parenting time (if you have children)
- Both of you are willing to sign the same petition and cooperate through disclosures and judgment
- Neither of you expects to need temporary court orders before the case is final
- There is no history of domestic violence, threats, or coercive control
- You want to avoid a process server and the petitioner-versus-respondent framing
- You want the 6 month waiting period to start immediately on filing
For couples who fit this profile, the joint petition removes the most error-prone steps of a California divorce: service mistakes, missed response deadlines, and default confusion. If your marriage lasted 5 years or less with no children and limited property, also compare summary dissolution with Form FL-800, which remains its own separate streamlined process.
<h2 id="when-traditional-is-required">When the Traditional Route Is Required</h2>Some situations do not just favor the traditional route; they effectively require it.
- Your spouse will not agree to the divorce, or will not participate at all
- You disagree on any term: custody, support, property, or debts
- You need temporary orders for child support, spousal support, custody, or parenting time before the case is final
- You need discovery: formal tools to obtain financial information your spouse has not shared
- There is a history of domestic violence or a restraining order; the court's FL-700-INFO sheet says the joint process may not be right in that situation
- You are not confident your spouse's agreement will hold through disclosures and judgment
Choosing the joint petition to avoid conflict does not make conflict disappear. If any real dispute exists, starting jointly usually means revoking later, which adds steps rather than saving them. The traditional route was built to protect each spouse's separate interests; use it when those interests need protecting.
The two routes are connected by a one-way door that either spouse can open. If a joint petition case stops being cooperative, either spouse revokes it by filing an amended FL-100 (Petitioner 1) or amended FL-120 (Petitioner 2) plus a Notice of Revocation (Form FL-720) in the same case, then having the other spouse served by a third party.
After revocation, the case behaves like a traditional divorce: Petitioner 1 is the petitioner, Petitioner 2 is the respondent, the served spouse has 30 days to file their own amended petition or response, the standard restraining orders keep applying, and the original filing date is preserved. The court does not issue a new summons.
There is no equivalent shortcut in the other direction. A case that starts with FL-100 stays in the traditional structure, though spouses who reach full agreement can finish it as an uncontested case with a written settlement, which is how most amicable traditional divorces already end.
<h2 id="faqs">Frequently Asked Questions</h2>What is the difference between a joint petition and a regular divorce petition in California?
A regular divorce starts when one spouse files a Petition (Form FL-100) and has it served on the other spouse, who then has 30 days to file a Response (Form FL-120). A joint petition (Form FL-700, available since January 1, 2026) is filed by both spouses together as Petitioner 1 and Petitioner 2. It is deemed served on both parties at filing, so there is no process server, no proof of service, and no response deadline. Both routes require financial disclosures and end with the same judgment process.
Is a joint petition divorce cheaper than a regular divorce?
The court costs are similar rather than dramatically lower. The California Courts Self Help Guide lists the joint petition filing fee at $870, which reflects both spouses' court fees in a single payment; in a traditional case where both spouses participate, each pays a separate fee to file their side. Where the joint route saves money is around the edges: no process server to hire, and fewer opportunities for rejected or repeated paperwork. Fee waivers are available on both routes using Form FW-001.
Is a joint petition faster than a regular divorce?
It can start faster, but the finish line is the same. In both routes, California's 6 month waiting period must pass before a divorce judgment can take effect. In a traditional case the clock starts when the respondent is served, so any delay in service delays the divorce. In a joint petition case the petition is deemed served at filing, so the clock starts the day you file, and there is no 30 day response window to wait out. Per the official FL-700-INFO sheet, the earliest a joint petition divorce is final is six months and one day from the filing date.
Can we use a joint petition if we disagree about custody or property?
No. The joint petition is built entirely on agreement: both spouses must agree on all the terms of their divorce or legal separation before filing, and neither spouse can ask the court for orders while the joint petition is pending. If you disagree about custody, support, or property, or expect to need the court to decide anything, the traditional petition and response route is the one designed for your situation.
Do we still need financial disclosures with a joint petition?
Yes, on both routes. Within 60 days of filing a 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), plus two years of tax returns. The traditional route has the same disclosure obligations. California does not let either kind of filing skip financial transparency.
What happens to a joint petition if one spouse stops cooperating?
Either spouse can revoke the joint petition at any time before judgment by filing a Notice of Revocation (Form FL-720) with an amended Petition (FL-100) or amended Response (FL-120) in the same case, then having the other spouse served. The case converts to a standard divorce, Petitioner 1 becomes the petitioner, Petitioner 2 becomes the respondent, and the original filing date is preserved. The served spouse then has 30 days to file their own amended petition or response.
How Virdix Helps on Either Route
Whichever door you choose, the paperwork standards are the same: complete forms, consistent answers, disclosures on time. Virdix prepares California divorce documents for both routes:
- Guided questionnaire, built on the official Judicial Council forms for your route
- Consistency across the packet, names, dates, property, and agreements carry through every form
- Disclosure and judgment checklists, the stages where agreed cases most often stall
- County guidance, see our California divorce guides by county for your local court
We are not a law firm and cannot tell you which route is right for your situation, but once you know your path, we help you get the paperwork done correctly.
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