Beginning in January 2026, California’s Family Code introduces a transformative change that will benefit spouses seeking a collaborative divorce. With the passage of Senate Bill 1427, married couples seeking to divorce amicably may file a “Joint Petition for Dissolution” of marriage or legal separation. Although California has allowed spouses to file a joint petition for a summary dissolution case for decades, now long-term spouses, spouses with children, and/or spouses with moderate-to-significant assets and debts will have a streamlined path to initiate divorce or legal separation.
Under Current Law (through December 31, 2025)
Historically (through December 31, 2025), only spouses meeting strict criteria—married less than five years, no children, no leased or owned property, limited assets and debts—were eligible to file a joint petition for summary dissolution, which allowed them to avoid formal service, response procedures, and produce limited financial disclosures to obtain a divorce.
Benefits Of The New Joint Petition
However, beginning in 2026, any married couple—even those with children, in marriages in excess of longer duration, and with property, or assets—who agree to resolve all aspects of their case in writing, by filing a Joint Petition for Dissolution. There are several significant benefits to the Joint Petition’s streamlined approach:
- The Joint Petition is deemed served upon both parties at the time of filing, which eliminates the need for personal service on one spouse. In bypassing the personal service requirement, both parties may begin the process on even footing eliminating the sentiment in which one party may feel disadvantage at the outset.
- The Joint Petition avoids the adversarial dynamic of “petitioner vs. respondent” and eliminates the frightening language, “You have been sued,” which appears on the traditional Summons.
- Although the Joint Petition requires both spouses to pay their respective first-filing fee at the outset, it avoids the need for the parties to pay any personal service or messenger fees.
- The Joint Petition avoids delays in serving the respondent and by eliminating the respondent’s need to file a separate response to the petition.
- The Joint Petition encourages a respectful, dignified path forward, and reduces emotional strain on the parties.
The spouse can agree to file an amended Joint Petition. However, in the future event that either party files an amended petition or response, files a motion, or requests a court hearing, the Joint Petition is revoked, and the case converts to a traditional dissolution process requiring each party to submit separate pleadings.
This new Joint Petition approach allows maximum flexibility to both parties as they navigate the remaining steps towards finalization of the case. Additionally, if any other issues arise after the dissolution is completed, the parties will be more equipped to amicably handle post-judgment modifications to child custody, child support, or spousal support issues in the future.
In summary, this new path complements all existing collaborative divorce practice by formalizing a more cooperative legal option for families in California. It is an exciting step toward supporting families and achieving enduring, respectful resolutions.
