Joint Petition Divorce in California: How SB 1427 Changed Filing in 2026

What Changed on January 1, 2026

Before Senate Bill 1427 took effect, the standard California dissolution path started with one person filing against the other. The petitioner submitted Form FL-100, the respondent received papers from a process server, and the whole thing carried an adversarial label even when both spouses agreed on everything.

SB 1427 created a genuine alternative. Couples who agree to divorce can now walk into the courthouse together (or e-file jointly) using Form FL-700, the Joint Petition for Dissolution. Both spouses sign as equals — Petitioner 1 and Petitioner 2 — rather than casting one person as the defendant.

This isn't a minor paperwork tweak. The joint petition eliminates service of process entirely, starts the six-month waiting period on the filing date rather than the service date, and lets the case proceed without a single court appearance.

Who Qualifies for a Joint Petition

The FL-700 path has broader eligibility than most people expect. Unlike summary dissolution (Form FL-800), which caps marriage length at five years and bars couples with children or real estate, the joint petition has no such restrictions.

You can use the FL-700 if:

• Your marriage is any length — five months or fifty years
• You have minor children — biological or adopted
• You own real property — including a family home, rental properties, or out-of-state land
• Your community estate is any size — no asset or debt caps
• You agree on all terms — property division, custody, support, and debt allocation

The catch is that last bullet. Both spouses must agree on every issue before filing. If you're aligned on custody but fighting over the house, you can't use the joint petition for the parts you agree on — it's all or nothing.

You also give up emergency court orders. The FL-700 path prohibits filing a Request for Order (Form FL-300) while the joint petition is pending. If circumstances change and one spouse needs immediate intervention — say, the other starts dissipating assets — either party can unilaterally convert to the traditional track using Form FL-720.

How the Joint Petition Differs from Traditional Filing

One thing that catches people off guard: the total filing fee is identical. You don't save money on court costs with a joint petition. The savings come from eliminating process server fees ($50–$150) and, more significantly, from cutting weeks off your timeline because service doesn't need to happen before the clock starts.

Financial Disclosures Still Apply

Even though you're filing cooperatively, California's mandatory financial disclosure rules apply in full. Both spouses must exchange:

• Form FL-140 — Declaration of Disclosure (cover sheet)
• Form FL-150 — Income and Expense Declaration (filed with the court)
• Form FL-142 — Schedule of Assets and Debts (served privately, not filed)
• Form FL-141 — Proof of Service (filed with the court to prove you exchanged everything)

The exchange deadline is 60 days from the filing date. Because both parties file simultaneously, both clocks start on the same day — which simplifies tracking compared to the traditional path, where petitioner and respondent deadlines run from different dates.

You can waive the final disclosure round using Form FL-144 (Stipulation and Waiver), but preliminary disclosures cannot be waived under any circumstances.

What the Judgment Process Looks Like

Once you've exchanged disclosures, you can submit your judgment package to the court; the court cannot terminate marital status until at least six months and one day have elapsed from the filing date. For a joint petition, the package includes:

1. Form FL-130 — Appearance, Stipulations, and Waivers (both parties sign)
2. Form FL-170 — Declaration for Default or Uncontested Dissolution
3. Form FL-180 — Judgment (with your signed Marital Settlement Agreement attached)
4. Form FL-141 — Proof of service of disclosures (from both parties)
5. Form FL-144 — Stipulation waiving final disclosures (if applicable)
6. Two stamped, self-addressed envelopes (one per spouse)

If you have children, add the custody and support attachments: FL-341 (custody schedule), FL-342 (child support), FL-191 (registry form), and FL-192 (healthcare rights notice).

The judge reviews the paperwork without scheduling a hearing. If everything checks out, they sign the FL-180 and the clerk mails both spouses a Notice of Entry of Judgment (Form FL-190).

When the Joint Petition Isn't the Right Choice

The joint petition assumes — and requires — complete agreement. Consider the traditional FL-100 path if:

• Your spouse won't cooperate on any terms, even informally
• You need emergency court orders to prevent asset dissipation or protect yourself
• You want to preserve the option of going to trial on specific issues
• One spouse suspects the other is hiding assets — the joint petition's cooperative structure makes adversarial discovery tools harder to deploy

There's no shame in choosing the traditional path even when you're amicable. Some couples find the adversarial labels irrelevant once they understand the paperwork is identical for uncontested cases on either track.

Getting the Paperwork Right

The joint petition is newer than every other California divorce pathway, which means court clerks are still building familiarity with it. Rejection rates for FL-700 filings may be higher in the early years simply because the form packet is less well-worn.

The California Divorce Filing Process Guide walks through both the FL-700 joint petition and the traditional FL-100 path side by side, with a decision flowchart to help you pick the right track and a judgment assembly checklist to prevent clerk rejections.

See more California guides →