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Starting January 1, 2026, California couples can file for divorce or legal separation without having to agree on everything. Senate Bill 1427 created the Joint Petition for Dissolution, allowing both spouses to sign and file together as co-petitioners.
The biggest procedural change is service. In a traditional divorce, one spouse files, and the other must be formally served. With a joint petition, the filing itself counts as notice to both spouses, so separate service of process is not required.
The joint petition can apply to longer marriages, couples with children, and cases involving more substantial assets, as long as both spouses agree on the final terms. A San Diego family law attorney can help review whether the agreement is complete enough before filing.
Before this update, most California divorces followed one of two paths. A spouse could file a standard dissolution case and serve the other spouse, or a couple could use summary dissolution if they met narrow requirements.
The joint petition adds another route. It is meant for couples who are not fighting over property, custody, support, or debt and want to begin the case together.
It does not turn divorce into an informal process. The court still requires proper paperwork, complete financial disclosures, a written agreement, and the six-month waiting period before the marriage can be legally ended.
Senate Bill 1427 amended the California Family Code to add the joint petition option for dissolution and legal separation.
The core language states:
“Spouses may jointly file a petition for dissolution of marriage or legal separation as co-petitioners. The filing of a joint petition shall constitute service of the petition as to each spouse, and no separate service of process is required.”
— California Family Code, as amended by SB 1427, effective January 1, 2026
The statute changes how an agreed case starts. It does not change California’s rules on property division, spousal support, child custody, child support, or required disclosures.
The joint petition is available to more couples than summary dissolution, but agreement is the key requirement.
It may be available for:
Summary dissolution remains much narrower. It generally applies only to marriages of five years or less, to couples without children, and to cases where community property and debts remain below statutory limits.
The joint petition does not replace summary dissolution. It gives agreeing spouses another way to file when summary dissolution is too limited for their situation.
Both spouses sign the petition and file as co-petitioners. Because the filing counts as notice to each spouse, there is no separate service step.
The rest of the case still requires care. Both spouses must exchange full financial disclosures under California Family Code §§2100 et seq. That means complete information about income, assets, debts, and expenses.
The couple also needs a complete agreement, usually through a Marital Settlement Agreement. If the agreement covers property, debt, support, and child-related terms where applicable, the case can stay on the joint-petition track.
California’s six-month waiting period still applies. The joint petition may simplify the start of the case, but it does not shorten the required waiting period before final dissolution.
If the spouses later disagree before judgment, the case can be converted to a standard dissolution without losing the original filing date.
|
Factor |
Summary Dissolution | Joint Petition (new 2026) |
| Marriage length | 5 years or less | Any length |
| Children | Not allowed | Allowed |
| Community property value | Below statutory threshold | No cap |
| Community debts | Below statutory threshold | No cap |
| Real property | Generally not allowed | Allowed |
| Retirement accounts | Limited | Allowed |
| Service of process | Not required | Not required |
| Six-month waiting period | Applies | Applies |
Yes. The joint petition is for spouses who agree on all terms. If disagreements arise, the case can be converted to a standard dissolution under the traditional petitioner-respondent structure. The original filing date is preserved.
No. The six-month waiting period still applies. The joint petition removes the separate service-of-process step, but it does not shorten the time required before final dissolution.
Yes. Full financial disclosures under California Family Code §§2100 et seq. are still required. Each spouse must exchange information about income, assets, debts, and expenses. The joint filing process does not remove that protection.
Couples with minor children may use the joint petition if they agree on custody, visitation, and child support. California’s best-interest standards and child support guidelines still apply, and the court must be able to review the child-related terms.
It may be less expensive because it removes service issues and begins with a shared agreement. Cost still depends on the complexity of the case, property values, retirement accounts, business interests, and the extent of legal review required by the Marital Settlement Agreement.
California’s joint petition gives San Diego couples a broader way to file together when a divorce or legal separation has already been agreed upon. It can reduce procedural steps, especially service of process, without changing the core legal requirements.
Spouses still need full financial disclosures, a complete agreement, and compliance with California’s rules on property, support, custody, and child support. The six-month waiting period also remains.
If you are considering divorce in San Diego and want to know whether a joint petition fits your situation, The Law Offices of Steven M. Bishop can review the agreement, required disclosures, and filing process before the case begins.
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