Since January 1, 2026, California spouses who agree on every part of their divorce have had a new filing option: the joint petition. It allows couples to begin the case together without meeting summary dissolution’s narrow property, debt, and family limits.
Filing jointly doesn’t erase the usual divorce requirements. Financial disclosures, automatic temporary restraining orders, and the six-month-and-one-day waiting period still apply. After more than 40 years serving North County San Diego families, we know a cooperative process works best when both people understand the rules before filing.
Where the Joint Petition Fits Among California Divorce Options
The right filing path depends on the couple’s circumstances and whether any issues remain unresolved.
California now has three practical paths for couples who expect to resolve their divorce without a trial:
- Summary dissolution. This streamlined process remains available only to couples who meet strict statutory requirements, including a marriage lasting less than five years, no children together, no real property, and limited assets and debts.
- Joint petition. Created by SB 1427, this process allows spouses or domestic partners to file together when they have an agreement resolving every issue they identify.
- Standard dissolution. One spouse files a petition and the other is served. The case can still become uncontested if the parties later reach a complete agreement.
A joint petition is often relevant to couples with children, a home, retirement accounts, or a longer marriage who can’t use summary dissolution but have worked through custody, support, and property issues. The key question isn’t whether the couple is on friendly terms. It is whether they have a workable agreement on every matter requiring resolution.
Before choosing this route, list the issues that apply to your family, such as parenting arrangements, child support, spousal support, real estate, bank accounts, retirement benefits, and debts. If even one significant issue still requires a judge’s decision, a standard dissolution is the more appropriate procedure.
How a Joint Petition Starts & Moves Forward
Both spouses start the case by filing the new Judicial Council forms together. The core documents are Form FL-700, Joint Petition, and Form FL-710, Summons, Joint Petition.
Under California Family Code Section 2342.5, filing these approved forms means each spouse is deemed served and deemed to have appeared in the case. Neither spouse must formally serve the other with the initial papers or wait for a response.
This streamlined start doesn’t make the divorce immediate. The six-month waiting period still controls when marital status can end. It runs for six months and one day from the filing date, even when the settlement paperwork is ready earlier.
The joint filing also doesn’t change California’s residency rule. For a dissolution, at least one spouse must have lived in California for six months and in the county of filing for three months. Couples who don’t yet meet those requirements should consider the appropriate timing and filing options before submitting a joint petition.
Financial Disclosure & Complete Agreement Requirements
A complete agreement must rest on full financial information. Each spouse is treated as a petitioner and must serve a preliminary declaration of disclosure on the other spouse within 60 days after filing.
A preliminary declaration of disclosure provides the financial information each spouse needs to assess the proposed terms. It shows the property and obligations at stake, along with the income and expenses relevant to support. This information is essential to evaluating whether a proposed property division or support arrangement is informed and fair.
Filing jointly doesn’t allow spouses to skip difficult financial details. Before finalizing an agreement, they should identify and value the property and obligations that affect their household:
- Community and separate property, including real estate and financial accounts.
- Retirement plans, pensions, businesses, and stock-based compensation where applicable.
- Credit cards, loans, tax obligations, and other debts.
- Current income and expenses that affect child or spousal support.
The joint summons also includes California’s automatic temporary restraining orders. These orders restrict certain actions while the case is pending, including transferring or concealing property and changing insurance coverage without the required consent or court authorization. A cooperative filing doesn’t suspend those protections.
When a Joint Filing Must Be Revoked
The joint process remains available only while both spouses can resolve every issue by agreement without temporary court intervention. A spouse who needs a temporary custody, support, property, or other court order before judgment must revoke the joint petition before or when making the request.
Revocation requires Form FL-720, Notice of Revocation of Joint Petition. The spouse also files an amended Petition, Form FL-100, or an amended Response, Form FL-120, as appropriate. The matter then continues through the standard divorce process.
Revocation isn’t a failure or penalty. It is the procedure California created for cases in which a disagreement or the need for a court order makes joint filing unsuitable. Under California Family Code Section 2342.5, the converted case retains the original joint-petition filing date for relevant deadlines.
This rule allows spouses to begin cooperatively without being trapped in the process if circumstances shift. Still, couples shouldn’t file jointly merely because they hope a difficult issue will disappear. This option is best suited to people who have already reached clear, informed decisions.
When Legal Review Matters in a Cooperative Divorce
Legal review is particularly useful when an agreement addresses children, support, real property, retirement assets, a business interest, or substantial debt. These issues can be resolved by agreement, but the language and financial assumptions behind the agreement can matter long after filing.
Parenting & Support
Parents need a clear agreement on legal custody and physical custody. It should also cover parenting time, decision-making, and support in terms the family can follow. A vague understanding that works today can create conflict when schedules, school needs, or income change.
Property & Debt
Homes, retirement accounts, and complex debt often require more than deciding who keeps an asset. Spouses should understand how title and account division affect the settlement. Tax consequences and responsibility for future payments also need attention.
Changing Circumstances
If one spouse needs a temporary order, believes important financial information is missing, or no longer agrees with the proposed terms, the couple should reassess the filing path. Joint filing is designed for agreement, not for resolving a dispute that has already emerged.
Pierre A. Domercq is a Certified Family Law Specialist and a Fellow of the American Academy of Matrimonial Lawyers. We evaluate whether joint filing fits a client’s agreement, guide clients through amicable mediation when appropriate, and address contested divorce issues when court involvement becomes necessary.