If you have heard there is a new California divorce law for 2026 and are not sure what it actually does, here is the short version: as of January 1, 2026, spouses who agree on their divorce can file together, on one form, with no process server involved. The law is Senate Bill 1427, and it is the biggest change to how California divorces begin in decades.
Key Takeaway: Senate Bill 1427 (Chapter 190, Statutes of 2024) took effect January 1, 2026. It created the Joint Petition, Form FL-700, letting agreeing spouses file together as Petitioner 1 and Petitioner 2. The joint petition is deemed served on both of you the moment it is filed, so there is no process server and no 30 day response deadline. The filing fee for a joint petition is $870, and either spouse can revoke it before judgment using Form FL-720. Everything else about a California divorce, including the 6 month waiting period and financial disclosures, stays the same.
Before 2026, every California divorce started the same way: one spouse filed a Petition and the other had to be formally served, even when both spouses fully agreed on everything. Senate Bill 1427 adds a second path. Now, couples who agree can file a single Joint Petition together, skip service of process entirely, and move straight into the disclosure and judgment stages of the case. Nothing about who qualifies for a divorce, how long it takes at minimum, or what paperwork finishes it changed. What changed is how the case opens.
Senate Bill 1427 was approved on August 19, 2024 as Chapter 190 of the Statutes of 2024, with an operative date of January 1, 2026. It amended California Family Code sections 2330, 2331, 2342, 2401, and 2402, and added new sections 2342.5 and 2342.51, which created the joint petition process and directed the Judicial Council to adopt implementing forms and rules by the January 1, 2026 effective date.
The Judicial Council responded with a set of new forms:
- FL-700, Joint Petition (Marriage or Domestic Partnership)
- FL-710, Summons (Joint Petition)
- FL-720, Notice of Revocation of Joint Petition
- FL-700-INFO, the instruction sheet explaining the whole process
Our companion guide, How to File a Joint Divorce Petition in California, walks through every form and step in detail. For the fuller policy story behind the bill, see our explainer on the joint petition change.
<h2 id="what-changed">What Actually Changed on January 1, 2026</h2>Four things are genuinely new because of this law:
- Joint filing. Both spouses can now sign and file the same petition, appearing as Petitioner 1 and Petitioner 2 instead of petitioner and respondent.
- Deemed service. The statute states that 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 are treated as having appeared in the case. That single rule removes the process server, the Proof of Service form, and the 30 day response window from a cooperative case.
- A combined fee. The joint petition carries a single filing fee that covers both spouses' court costs, rather than two separate fees paid at different points in the case.
- A built-in exit. Either spouse can revoke the joint petition before judgment using Form FL-720, converting the case to the standard process without losing the original filing date.
The new law is opt-in, and it is narrower than it might sound. Ask these questions before assuming it applies to your situation.
- Do you and your spouse agree on every term of your divorce or legal separation, including property, support, and custody if you have children? The joint petition requires full agreement, not partial agreement.
- Are you both willing to sign the same petition and cooperate through disclosures and judgment? One spouse cannot file jointly on the other's behalf.
- Do you expect to need a temporary court order before your case is final? Neither spouse can request temporary orders while a joint petition is pending, so this matters.
- Is there any history of domestic violence or a restraining order between you? The Judicial Council's own instruction sheet says the joint process may not be the right fit in that situation.
If you answered yes to the first two questions and no to the last two, the new law likely applies to you, and filing jointly is worth considering. If your marriage lasted 5 years or less with no children and limited property, also compare summary dissolution under Form FL-800, an older streamlined process that still exists separately from the new joint petition. If you disagree on anything, or expect to need the court's help before judgment, the traditional Petition and Response process is still the process built for your case, and the new law does not change that.
<h2 id="the-fee">The Filing Fee Under the New Law</h2>The California Courts Self Help Guide lists the filing fee for a joint petition at $870, paid when you file. That figure is a single payment covering both spouses' court fees, since the statute ties the joint petition fee to the fees both parties would otherwise owe separately when starting and appearing in a case.
This is different from the traditional process, where the filing spouse pays an individual filing fee (generally in the $435 to $450 range depending on the county) to file the Petition, and a responding spouse who files a Response pays their own separate fee. The joint petition folds both of those payments into one transaction at filing.
If you cannot afford the fee, a fee waiver is available using Form FW-001, Request to Waive Court Fees. Under the statute, the joint petition fee applies unless both spouses qualify for and receive fee waivers, so if only one of you qualifies, ask your county clerk how that is handled before you file.
Pro Tip: Court fees are set and administered county by county and can change. Confirm the current joint petition fee with your county Superior Court clerk before you file.
Service of process exists to guarantee that a person being sued actually knows about the case and gets a fair chance to respond. In a traditional divorce, that protection makes sense: one spouse is initiating a case the other spouse may not have agreed to yet.
A joint petition starts from a different premise. Both spouses are already choosing to file, together, on paperwork they both signed. SB 1427 recognizes that there is nothing left to formally notify a party of when that party helped write and sign the document themselves. So the statute simply deems the petition served on both spouses the instant it is filed, and treats both as having appeared in the case.
That removes real friction: no hiring a process server, no risk of a bungled or delayed service, and no 30 day countdown hanging over the case. It does not remove the underlying obligations. You still owe financial disclosures, you still have a waiting period, and you still need a judge to sign off before you are actually divorced.
<h2 id="changing-your-mind">Changing Your Mind: FL-720</h2>Because the joint petition depends on ongoing agreement, the law also gives either spouse an unconditional way out. If either of you wants to stop the joint process at any point before judgment, you file Form FL-720, Notice of Revocation of Joint Petition, along with an amended FL-100 or FL-120, and have the other spouse served.
Once that happens, the case converts to a standard divorce in the same file: Petitioner 1 becomes the petitioner, Petitioner 2 becomes the respondent, and the original filing date carries forward for purposes of the waiting period and other deadlines. Revocation is also the required first step if you discover you need a temporary court order, since those are not available while a joint petition is pending. Our full guide to revoking a joint petition with FL-720 covers the process, service requirements, and what happens next in detail.
<h2 id="what-didnt-change">What the New Law Did Not Change</h2>It is easy to overstate a new law. Here is what SB 1427 left exactly as it was:
- The 6 month minimum waiting period for divorce. Legal separation still has no waiting period, but divorce judgments still cannot take effect sooner than six months and one day after the relevant filing or service date.
- Financial disclosure requirements. Within 60 days of filing, each spouse still completes and serves FL-140, FL-150, and FL-142 or FL-160, along with two years of tax returns, no matter which path you used to start the case.
- Judgment paperwork. You still need FL-130, FL-170, FL-144 or completed final disclosures, a proposed FL-180 Judgment with your written agreement attached, and FL-190 to finish the case.
- Residency requirements. California's standard residency rules for a dissolution judgment were untouched by this law.
- Eligibility for summary dissolution. The older, separate summary dissolution process (Form FL-800) still exists on its own terms, for marriages of 5 years or less with no children and limited property.
What is the new California divorce law for 2026?
The new law is Senate Bill 1427 (Chapter 190, Statutes of 2024), which became operative on January 1, 2026. It created a joint petition process for divorce and legal separation, letting spouses or registered domestic partners file together on Form FL-700 as Petitioner 1 and Petitioner 2, instead of one spouse filing against the other. The joint petition is deemed served on both parties the moment it is filed, so there is no process server and no response deadline.
Does the new 2026 divorce law change how much a divorce costs in California?
It changes how the fee is structured for couples who file jointly, not the underlying cost of a California divorce. The California Courts Self Help Guide lists the joint petition filing fee at $870, a single payment that reflects the court fees for both spouses. A spouse filing alone under the traditional process still pays the standard individual filing fee, generally in the $435 to $450 range depending on the county, and the responding spouse pays their own fee if they file a response. Fee waivers remain available on both paths using Form FW-001.
Do we have to use the new joint petition law, or is the old process still available?
The traditional process is still fully available and remains the only option if you and your spouse do not agree on every term. Nothing in SB 1427 requires anyone to file jointly. One spouse can still file a Petition (FL-100) alone and have it served on the other spouse, who then has 30 days to respond. The joint petition is an additional option for couples who already agree, not a replacement for the existing system.
Does the new California divorce law shorten the 6 month waiting period?
No. The statewide 6 month minimum waiting period for a divorce judgment is unchanged. What changes is when that clock starts. In a joint petition case, the petition is deemed served at filing, so the 6 month period begins on your filing date. In a traditional case, the clock starts when the respondent is actually served, which can lag behind the filing date. Either way, the earliest a divorce can be final is six months and one day after the clock starts, per the official Form FL-700-INFO instruction sheet.
Can we back out after filing under the new law?
Yes. Either spouse can revoke the joint petition at any time before the court enters judgment, without the other spouse's agreement, using Form FL-720, Notice of Revocation of Joint Petition. The case then converts to a standard divorce in the same file, with the original filing date preserved. Our guide to Form FL-720 covers the full revocation process step by step.
How Virdix Helps Either Way
Whether the new joint petition law applies to your case or you are using the traditional process, the paperwork standard is the same: complete, consistent, and ready for the court to accept. Virdix prepares California divorce documents for both paths:
- A short intake to find your path, so you know whether the new joint process fits before you start
- Plain-language questionnaire, built on the official Judicial Council forms for FL-700 or FL-100
- Consistency across the packet, names, dates, and property carry through every form
- Disclosure and judgment checklists, so the stages that stall most cases do not stall yours
We are a document preparation service, not a law firm, and cannot tell you which route is legally right for your situation. For that judgment call, talk to a licensed California family law attorney. You can also browse our California divorce guides by county for local court details.
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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, California Family Code sections 2330, 2331, 2342.5, and 2342.51, Judicial Council of California