California, United States · family

How to File a Joint Petition for Divorce in California

Under California’s groundbreaking Senate Bill 1427, couples can now bypass the hostile, adversarial court system by filing a joint petition for divorce. Instead of suing each other, spouses can enter the process as equals, starting the mandatory six-month clock without formal service of process. This guide outlines how to utilize this collaborative pathway to resolve your marriage respectfully and efficiently.

The Game-Changer: California's Joint Petition Law

For decades, the California legal system forced couples seeking a divorce into a hostile, adversarial arena. To dissolve a marriage, one spouse had to formally sue the other by filing as the 'Petitioner' and hiring a process server to deliver papers to the 'Respondent'—an aggressive dynamic that instantly escalates conflict, even for couples who agree on everything. The only alternative was 'Summary Dissolution,' which was heavily gatekept by extremely restrictive caps under California Family Code Section 2400 (limited to marriages under five years, no children, and very low assets). This forced the vast majority of amicable couples into expensive, stressful, and unnecessary legal battles.

That changed with the enactment of Senate Bill 1427, effective January 1, 2026. This law introduced a modern, collaborative option under California Family Code Sections 2330(c) and 2331(b). Now, any married couple or registered domestic partner in California—regardless of how long they have been married, whether they have minor children, or how much property they own—can start their case together by filing a single joint petition. By entering the system together as 'Petitioner 1' and 'Petitioner 2' using Form FL-700, you strip the court system of its power to pit you against each other from day one.

The Rules of Cooperation: Financial Disclosures and the Catch

While the joint petition process under SB 1427 dramatically lowers the emotional and financial cost of starting a divorce, it is not a shortcut around the state's strict legal requirements. You cannot use this path to hide assets or avoid procedural rules. Under California Family Code Section 2104, both spouses are still strictly required to exchange complete preliminary financial disclosures within 60 days of filing the joint petition. This means filling out and exchanging the Declaration of Disclosure (Form FL-140), an Income and Expense Declaration (Form FL-150), and a Schedule of Assets and Debts (Form FL-142), backed by two years of tax returns. Skipping this step or being dishonest will cause the court to reject your final judgment.

There is also a critical legal catch you must understand before filing: you cannot ask for temporary court orders under a joint petition. Under California Family Code Section 2342.5, if either spouse requires immediate, temporary court intervention—such as emergency child support, temporary spousal support, or a temporary custody schedule while the case is pending—the joint process is unavailable. If you need temporary orders, you must first file a Notice of Revocation (Form FL-720) to convert your case into a traditional, adversarial divorce. This ensures the court can adjudicate disputes, but it pushes you back into the standard litigious structure.

Taking Control: Navigating the Path to Your Final Judgment

To finalize your divorce under the joint petition pathway, both spouses must work together to draft and sign a comprehensive, written property settlement agreement. This agreement must resolve all major aspects of your separation, including child custody and visitation, child support, spousal support, and the division of community property and debts. Once your agreement is signed, you will submit it to the court alongside your final Judgment packet (Form FL-825) for a judge to sign. Because you filed jointly, there are no surprise court hearings or high-stakes trials. Your case is resolved entirely through cooperative paperwork.

Keep in mind that California's mandatory six-month waiting period under Family Code Section 2339 still applies. Your marriage cannot be legally dissolved until six months and one day have passed from the date your Joint Petition (Form FL-700) was filed. However, because filing jointly immediately deems both parties 'served' and 'appeared' in the case under Family Code Section 2331(b), your six-month clock starts running on day one without any of the delays associated with traditional process service. If you want to make sure your paperwork is flawless, your financial disclosures are airtight, or your property agreement is fair, you do not have to go it alone. You can use Caunsel to research California family law, securely store and manage your case files, or connect with an independent family law attorney to review your documents and safeguard your rights.

Steps

• Fill Out and Sign the Joint Forms: Together with your spouse, complete the Joint Petition—Marriage or Domestic Partnership (Form FL-700) and the Summons—Joint Petition (Form FL-710). If you have minor children, you must also complete and attach the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105).
• File the Joint Petition and Pay the Fee: Submit your completed forms to the superior court in the California county where at least one of you meets the residency requirements (living in California for six months and the county for three months). Pay the court's filing fee or submit a fee waiver request. This filing immediately activates the Automatic Temporary Restraining Orders (ATROs) on Form FL-710 and starts the six-month waiting clock.
• Exchange Financial Disclosures Within 60 Days: Within 60 days of your filing, both spouses must complete and exchange their mandatory financial disclosure packets, including Form FL-140, Form FL-150, and Form FL-142 (or Form FL-160), along with tax returns. File the Declaration of Service of Declaration of Disclosure (Form FL-141) with the court to prove you completed this step.
• Draft Your Settlement and Submit the Final Judgment: Work collaboratively to write a comprehensive property settlement agreement detailing your decisions on assets, debts, support, and custody. Submit this agreement along with the Judgment of Dissolution and Notice of Entry of Judgment (Form FL-825) to the court to have a judge sign off and officially end your marriage.

Common mistakes

• Assuming you can skip financial disclosures because you agree on everything: Failing to complete and exchange the mandatory preliminary disclosures within the 60-day window is a fatal error. The court will reject your final judgment, delaying your divorce.
• Filing a joint petition when you need immediate court-ordered support or custody: The joint petition process strictly prohibits requesting temporary court orders. If you need immediate, enforceable temporary orders, you must file a traditional divorce or revoke your joint petition using Form FL-720.
• Failing to understand that either spouse can unilaterally revoke the joint petition: The joint petition is built on total cooperation. At any point before the judge signs the final judgment, either spouse can unilaterally revoke the petition (Form FL-720), converting the case into a traditional divorce and forcing you into the standard court system.

Questions people ask

Do we have to meet the same strict eligibility requirements as a summary dissolution?

No. Unlike California's highly restrictive summary dissolution process under Family Code Section 2400 (which limits couples to marriages of under five years, no children, and very low assets), the new joint petition process under SB 1427 is available to almost any couple, regardless of assets, debt, children, or how long they have been married.

Does filing a joint petition make the six-month waiting period shorter?

No. California's mandatory six-month waiting period under Family Code Section 2339 still applies. Your marriage cannot officially end until six months and one day after the date you file the joint petition. However, filing jointly starts this clock immediately because there is no delay for formal service of process.

What happens if my spouse and I stop agreeing after we file the joint petition?

If cooperation breaks down, either spouse can file Form FL-720 (Notice of Revocation) to unilaterally revoke the joint petition. This immediately converts the case into a traditional individual divorce. Crucially, this does not restart your six-month clock; the date you filed your original joint petition remains the official start date of your case.

General information only, last updated 2026-10-04. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in California, United States.