Joint Petition Divorce Starts in 2026 and Why It Could Change Amicable Splits in California

And here’s the thing: you can use this joint filing even if you have kids, property, or a long marriage, as long as you sort out the key issues in writing before you file. If you’re not sure how to get started or just want someone in your corner, an Orange County divorce law firm can help with the paperwork and settlement planning.

Understanding the Joint Petition Divorce Process and Key Differences in 2026

With this new joint petition, spouses can file together to start a divorce with fewer of those adversarial steps. It requires a written settlement that addresses everything, and it changes up how service and response work. There are also clear rules for when the case would switch back to the traditional divorce path—basically, if someone wants to contest something.

Senate Bill 1427 and Its Impact on California Family Law

Senate Bill 1427 (SB 1427) is taking effect January 1, 2026, and it adds a formal joint petition process to the California Family Code. Now, married couples and registered domestic partners can file a single Joint Petition for Dissolution or legal separation—but only if they agree on all the important terms in writing.

SB 1427 changes the game by saying the petition is served on both parties right when it’s filed. No more personal service, no separate response. Courts and local rules will have to update their intake forms and case management to handle this new joint track. If, at any point, one party files an amended petition, response, motion, or asks for a hearing, the case flips back to the traditional process.

Differences Between Joint Petition, Summary Dissolution, and Traditional Divorce

Summary dissolution used to be just for short marriages with little property and no kids. The joint petition is way more flexible—it covers long marriages, cases with kids, and even big assets, as long as you’ve hammered out a full written agreement.

Traditional divorce is still the old-school route: there’s a petitioner and a respondent, you have to serve papers, file responses, and follow all the usual timelines. Summary dissolution is still the fastest option, but only if you meet some pretty strict requirements. The joint petition is kind of in the middle: you skip the petitioner/respondent thing and the service step, but you still need to fully disclose everything and have a real settlement before the court will close your case.

Here’s how they stack up:

• Service: joint petition is considered served at filing; traditional needs personal service.
• Parties’ roles: joint petition means you file together; traditional is separate.
• Eligibility: summary dissolution has tight limits; joint petition is more open if you settle everything in writing.

Eligibility, Requirements, and Written Agreements

For the joint petition, it’s all about mutual agreement—not about how much you own or how long you’ve been married. You’ll need to show a signed written agreement that covers custody, support, property division, and debts if those are in play. The joint petition form needs both signatures and disclosure acknowledgments.

Full financial disclosure is non-negotiable. The court wants honest declarations of income, assets, and debts; if you leave something out, your agreement could get tossed later. If anyone asks for contested relief—like filing an amended petition or motion—the joint process is over, and you’re back to the traditional track with separate filings.

Your written agreement is the deal. It’s got to be specific enough that the court can enter judgment or a legal separation order without any loose ends.

Steps Involved in the Joint Petition Process

Step 1: Draft the Joint Petition for Dissolution and a thorough written agreement covering custody, support, spousal support (if any), property, and debts. Both of you sign everything.

Step 2: File the joint petition and your settlement with the superior court, pay the fees, and that’s it—the petition is officially served on both of you.

Step 3: Exchange all the required financial disclosures and fill out any local forms. The court will check that everything’s in order and might set a review or approval hearing, depending on the county.

Step 4: If the court signs off on your settlement, you get a final judgment or legal separation order based on those joint documents. If someone files an amended petition, response, or requests a hearing, the case flips to the traditional track and you’ll have to file separately and follow the usual steps.

How the Joint Petition Will Change Amicable Divorce in California

This new joint filing shakes up uncontested divorce by letting both parties file as co-petitioners, skipping the formal service, and making sure you have a written agreement for everything before you even start. It changes the process, the timeline, and honestly, the overall vibe for couples who can agree on property, kids, and support.

Advantages for Cooperative Couples and Collaborative Divorce

If you’re both on the same page about property, debts, parenting time, and support, you can file together and skip the whole petitioner/respondent thing. Since the joint filing is considered served at filing, nobody has to track anyone down with papers or wait for a response, which saves time and paperwork.

The process really encourages you to settle everything before the court gets involved. You’ll need a signed agreement that covers property, custody, child support, and spousal support if needed. The court will still check that you’ve met the legal requirements, but you won’t be fighting over service or labels.

Filing together also means less antagonistic language in the paperwork and usually lower administrative costs. For folks in collaborative divorce or mediation, the joint petition lines up perfectly with the whole idea of working things out privately and cooperatively.

Implications for Child Custody, Support, and Spousal Support

Your parenting plan has to be spelled out in the written agreement, with clear custody schedules and who gets to make what decisions. If you’ve got a solid plan, the court can approve it without anyone having to file motions or argue in front of a judge—though the judge will still check that it’s in the child’s best interests.

Child support has to follow California’s guidelines and be backed up with real income info and calculations. You should include all the details—income, deductions, health care, childcare costs—so you get the right support number and avoid fights down the road.

Spousal support should be clear on the amount, duration, and tax details. If you disagree later, either of you can request a hearing (a request for order), and then the case goes back to the regular process, with all the usual contested steps.

Limitations, Revocation, and Conversion to Regular Divorce

This joint option only works if both of you agree on everything in writing from the start. If someone files an amended petition, response, motion, or asks for a hearing later, the joint process ends and you’re back to the standard divorce track.

The joint petition doesn’t stop you from challenging the agreement after it’s entered. If there’s fraud, pressure, or missing disclosures, the court can undo or change the agreement, especially if kids or creditors are at risk.

Some cases just aren’t a good fit for the joint route—like if you need emergency protective orders, there’s hidden property, or there are legal questions about jurisdiction. Keeping detailed financial disclosures is a smart move to make sure your agreement stands up if anyone questions it later.

Legal Representation and Preparing for the Joint Petition Process

Honestly, both spouses would be wise to talk things over with a family law attorney. It’s not just about checking off boxes—an attorney can really help you spot issues in the written agreement, double-check those child support numbers, and make sure you’re actually following the rules for parenting orders. They’re pretty good at drafting terms that make sense, too, especially when it comes to custody, support, and who gets what. And let’s be real, those disclosures and financial statements? Most folks need help getting those right.

Sometimes, your lawyer might suggest mediation or collaborative law meetings before you file—especially if you want a settlement that actually lasts. But if you think things might blow up later, it’s better to know up front: an attorney can walk you through what happens if you need to file a request for order or change your pleadings. That’s when things get bumped to the contested calendar, which is, well, a whole different ballgame.

Before you even think about filing, you’ll need to pull together your pay stubs, tax returns, asset appraisals, mortgage statements, and whatever else shows your expenses. Having all your paperwork in order makes life easier for everyone and lowers the odds that the court will send you back for more hearings or toss out part of your joint petition. No one wants that hassle.