California New Joint Petition for Divorce Process for 2026

A joint petition for divorce in California offers couples in Los Angeles a new, cooperative way to end their marriage without the traditional adversarial filing process. Beginning January 1, 2026, Senate Bill 1427 allows spouses to file a joint petition for dissolution or legal separation, creating a streamlined option designed to reduce stress, conflict, and unnecessary legal expense.

Rather than positioning one spouse as the petitioner and the other as the respondent, this process allows both parties to move forward together. For many Los Angeles families, the joint petition for divorce may provide a more efficient and cost-effective path, while still protecting important legal rights.

At The Sands Law Group, our Los Angeles divorce lawyers help couples determine whether this new procedure fits their situation and guide them through California’s evolving family law system with practical, strategic support.

The joint petition for dissolution represents a fundamental shift in how California handles uncontested divorce cases. Unlike traditional divorce filings where one spouse serves papers on the other as “Petitioner vs. Respondent,” the joint petition allows both parties to file as co-petitioners.

With a joint petition for dissolution:

• Both individuals sign the same forms and are designated as Petitioner 1 and Petitioner 2
• The filing is automatically considered served on both parties, eliminating formal service requirements
• The court implements automatic restraining orders protecting both parties
• You start the divorce process together rather than filing against each other

This collaborative divorce approach removes the adversarial framing that often escalates conflict during an already difficult transition. The court’s automatic restraining orders prevent either spouse from selling property, moving children out of California, or making significant changes to money or insurance while the case is pending.

California’s new joint petition process significantly expands who can pursue a simplified divorce beyond the restrictive summary dissolution criteria. Previously, only couples married less than five years with no children, no real property, and minimal assets could file jointly.

Starting in 2026, the joint petition for dissolution is available to couples who:

• Have been married for any length of time
• Have children together (unlike summary dissolution)
• Own real property or have significant assets and debts
• Can work cooperatively toward reaching agreement on all issues

The key requirement is that you must be able to work cooperatively toward agreement on all issues. You don’t need to have everything resolved before filing—you only need to list the issues you plan to work out together. However, by the end of the process, you must reach full agreement on property division, spousal support, child custody, child support, and all other aspects of your divorce settlement. If you cannot reach consensus, you’ll need to convert to a regular divorce proceeding.

For couples who can work together cooperatively, the joint petition for dissolution offers substantial advantages over conventional divorce proceedings. The streamlined filing process reduces administrative complexity and potentially lowers legal costs, making divorce more accessible to working families throughout Los Angeles County.

Benefits of the joint petition include:

• Eliminated service fees and initial respondent filing requirements
• Immediate start of the six-month waiting period upon filing
• A calmer, less adversarial atmosphere from the beginning
• Potential cost savings through cooperative legal representation
• Healthier foundation for co-parenting relationships when children are involved

The joint petition also starts the six-month waiting period immediately upon filing. Once those six months pass and you’ve completed all required steps, including exchanging financial disclosures, reaching full agreement, and preparing your judgment, your divorce can be finalized.

While the joint petition for dissolution offers a more collaborative path, it comes with important limitations that couples must understand before choosing this option.

Key restrictions of the joint petition process:

• You cannot request temporary court orders for custody, support, or property use
• Filing a request for temporary orders automatically revokes the joint petition
• Either spouse can voluntarily revoke the joint petition at any time before final judgment
• You must complete and exchange financial disclosures within 60 days of filing
• Full agreement on all issues is required by the end, or the case converts to regular divorce

If disagreements arise after filing and either party needs temporary court orders, filing that request will automatically revoke the joint petition and convert your case to a regular dissolution proceeding. Either spouse can also voluntarily revoke the joint petition at any time by filing a Notice of Revocation along with either an Amended Petition (if you were Petitioner 1) or a Response (if you were Petitioner 2). Once revoked, the case continues as a regular divorce.

it doesn’t close or restart, and the automatic restraining orders remain in place.

The joint petition doesn’t eliminate any of the standard divorce requirements; it simply provides a less adversarial way to begin the process when both parties are committed to working together cooperatively.

Deciding whether to pursue a joint petition for dissolution requires careful evaluation of your specific circumstances, the level of cooperation between you and your spouse, and your ability to reach agreement on all issues. The Sands Law Group’s experienced Los Angeles divorce attorneys provide clear, honest guidance about whether this new process suits your situation or if traditional representation better serves your needs.

We offer compassionate, affordable legal services designed for everyday Los Angeles families seeking competent representation without excessive fees. Whether you’re considering the joint petition for dissolution or require advocacy through contested proceedings, our Los Angeles family law lawyers are ready to protect your interests.

Contact The Sands Law Group today to schedule a free case evaluation and discuss your divorce options under California’s evolving family law framework.

The family attorneys at The Sands Law Group, APLC in Los Angeles can help with asset protection strategies during a California divorce. Contact us online or call 213-788-4412 today for a free case evaluation.