How California’s New Joint Divorce Petition Law Will Work

California’s traditional divorce process has long required one spouse to be the "petitioner" and to serve divorce papers on the "respondent." This often would set an adversarial tone even when both parties agreed the marriage should end. There’s been rising demand among Californians for a divorce method that would be less combative, more efficient and less costly when there are no major disputes. The existing summary dissolution proceeding has significant restrictions on eligibility.

In response, the California Legislature passed Senate Bill 1427, effective January 1, 2026, giving couples the option to jointly obtain a divorce. The aim was to promote amicable dissolutions, reduce excessive administrative burdens and bring California’s system in line with best practices in family law, which favor collaborative solutions. Under the new law, the parties are designated as “petitioner 1” and “petitioner 2” rather than as petitioner and respondent. Unlike summary dissolution, there is no restriction on eligibility based on assets, debts, children or marriage length. 

The law removes the need for formal service of process, since neither spouse is being “sued.” Instead, the spouses will file a joint summons and a joint petition on newly adopted forms, along with a list of all issues they intend to resolve by agreement. The spouses must also file the documents required in a traditional divorce, which include:

• Preliminary financial disclosures

• Schedules of assets and debts

• Income and expense declarations

If the spouses have already reached a marital settlement agreement, they can file it at the onset.

Either spouse may seek discovery, and they may jointly amend the petition. The court will review the joint petition and documents, ensure all mandatory forms are complete and process the case without adversarial steps. Finally, it will enter a judgment of dissolution.

Joint filing will not always be appropriate. Eligibility may exclude cases involving domestic violence or one-sided representation. If disputes emerge after filing, either spouse may file a request to convert the matter to a contested divorce, in which adversarial rules and procedures apply. In high-conflict, uncertain or risk-prone situations, traditional divorce may offer more protections.

Couples anticipating a divorce in the coming year should assess whether a joint filing will be suitable. Now is the time to start gathering financial records and consulting with a qualified California divorce attorney, who can help with taking advantage of the new procedure. 

Gates Law Group, A Professional Corporation handles every aspect of California divorce litigation. Based in Fresno, we also assist clients from locations in Paso Robles and Visalia. Please call 559-432-9944 or contact us online to schedule a consultation.