Since January 1, 2026, California couples can start a divorce or legal separation together. Senate Bill 1427 created the Joint Petition (form FL-700), where both spouses sign as Petitioner 1 and Petitioner 2 rather than one person filing against the other. Filing the joint petition counts as service on both parties, so nobody gets served by a process server. Unlike summary dissolution, there are no limits on the length of the marriage, whether you have minor children, or how much property you own — the requirement is that you both intend to settle every issue by written agreement.
Key Takeaways
- New as of January 1, 2026: SB 1427 added the joint petition (form FL-700) as a third way to start a case, alongside the traditional petition and summary dissolution.
- No process server: Filing the joint petition is treated as service on both parties, and both are considered to have appeared in the case.
- Open to almost everyone: Long marriages, minor children, real estate, and substantial debt no longer disqualify you.
- The six-month clock starts at filing: Not at service. Legal separation has no waiting period.
- The fee is not lower: The California Courts self-help guide lists the joint petition filing fee as $870 — both parties pay a first-appearance fee.
- No court orders until you revoke: While the joint petition is active, neither party can ask the judge for temporary orders.
For decades, every California divorce that didn't qualify for summary dissolution began the same way: one spouse became the Petitioner, the other became the Respondent, and somebody got handed papers. Even when a couple had already agreed on everything over the kitchen table, the paperwork framed it as one person taking action against the other.
Senate Bill 1427 changed that. As of January 1, 2026, couples who intend to resolve their case by agreement can file a single petition together. Below is what the new process actually involves, what it costs, and — just as important — what you give up by using it.
If you'd rather have the paperwork handled for you at a flat fee, our divorce document preparation service prepares and files the full set. We're a registered legal document assistant, not a law firm, so we don't give legal advice — we prepare the documents based on the decisions you and your spouse have already made.
What Actually Changed Under SB 1427
Before 2026, couples had two options. Summary dissolution (form FL-800) was fast and simple but tightly restricted: married five years or less, no minor children, limited community property and debt. Everyone else went through the standard petition-and-response process.
The joint petition sits between the two. It keeps the cooperative posture of summary dissolution but removes the eligibility restrictions:
- No formal service of process. Because both spouses sign and file together, the filing itself is treated as service on both parties. No process server, no Proof of Service, no waiting on a Response.
- No restrictions on assets, debts, or children. A twenty-year marriage with a house, retirement accounts, and three kids can use this process, as long as both people intend to reach a complete agreement.
- The six-month clock starts immediately. The earliest a court can dissolve the marriage is six months and one day from the date the FL-700 is filed — not from a service date that may be weeks later.
- Restraining orders apply to both parties at once. The standard temporary restraining orders that come with Summons — Joint Petition (form FL-710) take effect on filing, limiting either spouse from selling or transferring property, changing insurance beneficiaries, or moving minor children out of state.
It's available for legal separation too. SB 1427 covers both dissolution and legal separation, and it applies to registered domestic partnerships as well as marriages. Legal separation has no six-month waiting period.
Which Filing Path Fits Your Situation?
| Summary Dissolution | Joint Petition | Standard Petition | |
|---|---|---|---|
| Starting form | FL-800 | FL-700 + FL-710 | FL-100 + FL-110 |
| Married 5+ years? | Not eligible | Eligible | Eligible |
| Minor children? | Not eligible | Eligible | Eligible |
| Significant property or debt? | Not eligible | Eligible | Eligible |
| Service required? | No | No | Yes |
| Must both agree? | Yes | Yes | No |
| Temporary court orders available? | No | No (unless revoked) | Yes |
The Forms You'll File
The joint petition uses its own set of starting forms — FL-100 and FL-110 are not used unless the joint petition is later revoked.
| Form | What it does |
|---|---|
| FL-700 — Joint Petition | Starts the case. Both spouses sign as Petitioner 1 and Petitioner 2, list the children of the marriage with dates of birth, and identify the issues to be resolved. |
| FL-710 — Summons, Joint Petition | Carries the standard temporary restraining orders that bind both parties from the moment of filing. |
| FL-105 — UCCJEA Declaration | Required when you have minor children together; gives the court what it needs before making custody or parenting-time orders. |
| FL-700-INFO — Information Sheet | Optional Judicial Council information sheet explaining the process and the revocation steps. Not filed with the court. |
Tip: These forms are new as of January 1, 2026 and are free to download from the California Courts website — see FL-700 and FL-700-INFO. Because the forms are recent, clerks and self-filers are still getting used to them. Always download the current version.
Step by Step: The Joint Petition Process
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File FL-700 and FL-710 together
Both spouses complete and sign the joint petition, add FL-105 if you have children together, and file with the Superior Court in a county where either of you meets the residency requirement. Electronic and scanned signatures are accepted. The clerk assigns a case number, the restraining orders take effect, and the six-month clock begins.
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Exchange financial disclosures within 60 days
Each of you must complete a Declaration of Disclosure (FL-140), an Income and Expense Declaration (FL-150), and either a Schedule of Assets and Debts (FL-142) or a Property Declaration (FL-160). Someone 18 or older who isn't you mails the packet — plus your last two years of tax returns — to your spouse. Only FL-150 is filed with the court. Each of you then files a Declaration Regarding Service of Disclosure (FL-141) confirming it was served.
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Reach your written agreement
You do not need a complete agreement to file — the FL-700 asks you to list the issues you plan to resolve. But you do need one before judgment. This is where the Marital Settlement Agreement gets drafted, covering property, debts, spousal support, and, if applicable, child support and custody. Child support still has to follow California's guideline calculation.
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Submit the judgment packet
The minimum packet is an Appearance, Stipulations, and Waivers (FL-130) signed by both of you; a Declaration for Default or Uncontested Dissolution (FL-170); a Stipulation and Waiver of Final Declaration of Disclosure (FL-144) signed by both; a proposed Judgment (FL-180) with your signed agreements attached; and a proposed Notice of Entry of Judgment (FL-190). Cases with children or support orders require additional forms.
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Wait out the six months
The earliest possible date is six months and one day from the FL-700 filing date. You are not divorced until the court actually enters judgment — the waiting period passing doesn't dissolve the marriage on its own.
What It Costs — And Why It May Surprise You
A joint filing sounds like it should cost less. It generally doesn't.
- Court filing fee: $870. The California Courts self-help guide lists this as the joint petition filing fee — roughly $435 per person, because both of you are appearing in the case from day one.
- Fee waivers are individual. If both of you need one, each must complete and file a separate FW-001. Ask the clerk how your court handles it when only one spouse qualifies.
- Document preparation: Our flat fee is $250 for a summary dissolution and $500 for a divorce with children, Marital Settlement Agreement included. Payment plans are available.
Compare that to a traditional default divorce, where only the petitioner pays a first-appearance fee — the responding spouse pays nothing if they never file a Response. For a cooperative couple, a default with a signed settlement agreement can be the less expensive route on court fees alone. What you're buying with a joint petition is the equal footing, the elimination of service, and an earlier start to the six-month clock.
The Real Trade-Off: No Court Orders Until You Revoke
This is the part most couples don't see coming. While a joint petition is active, neither party may file a request for a court order before judgment. That means no temporary spousal support order, no temporary custody or parenting-time order, no formal discovery, and no motions.
If you need any of those things, you have to revoke the joint petition first and move the case onto the standard track. For a couple who has genuinely settled everything, that's a non-issue. For a couple who is mostly in agreement but might need a judge to decide one contested point, it's a meaningful limitation worth weighing before you file.
How to Revoke a Joint Petition
Revocation is deliberately easy — you don't need the judge's approval or your spouse's consent, and you can do it any time before judgment is entered.
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Fill out and sign two documents
If you are Petitioner 1, complete a Petition (FL-100) with the "Amended" box checked in the caption. If you are Petitioner 2, complete a Response (FL-120) with "Amended" checked. Either way, you also complete Notice of Revocation of Joint Petition (FL-720).
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File them in the same case
Use the existing case number. Filing the amended petition or response in a new case will not revoke the joint petition — this is an easy and costly mistake.
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Serve the other party
Someone 18 or older who isn't a party to the case serves your spouse with what you filed. If you're on the receiving end of a revocation, you have 30 days after being served to file your own amended petition or response.
What happens next: Petitioner 1 becomes the petitioner, Petitioner 2 becomes the respondent, and the case proceeds like any case where the parties don't agree. Your case is not dismissed, you keep your original filing date, no new summons issues, and the restraining orders from FL-710 stay in force until judgment or dismissal.
When a Joint Petition Is Not the Right Choice
The Judicial Council's own information sheet is direct about this: if there has been domestic violence, or a protective or restraining order, this process may not be right for you, and a different divorce process is available. The joint petition assumes two people negotiating on level ground and blocks access to the judge until it's revoked — both of which cut the wrong way where there's a power imbalance or safety concern.
It's also a poor fit if you don't have full visibility into the household finances, if one spouse controls all the records, or if you suspect assets haven't been disclosed. Full financial transparency is a legal requirement in either process, but the joint petition removes the discovery tools you'd otherwise use to verify it.
Not sure which path fits? We prepare documents for all three routes — summary dissolution, joint petition, and the traditional petition — and we'll walk you through what each one requires. If you're weighing your options, our guide to filing an uncontested divorce without an attorney covers the traditional process in detail.
How We Help — From Start to Finish
We prepare and file the full joint petition set, track the 60-day disclosure deadline, draft the Marital Settlement Agreement, and assemble the judgment packet so it's complete when it reaches the clerk. If a joint petition needs to be revoked, we prepare the amended petition or response and the FL-720 as well. We're a registered legal document assistant with 22 years of Los Angeles County family law experience — not a law firm, so we don't give legal advice, but we handle the paperwork so you don't have to.
Frequently Asked Questions
What is California's new joint petition for divorce?
Under Senate Bill 1427, effective January 1, 2026, married couples and domestic partners in California can start a dissolution or legal separation by filing a single Joint Petition (form FL-700) together. Both people sign as Petitioner 1 and Petitioner 2 instead of one person suing the other. Filing the joint petition counts as service on both parties, so no process server is needed.
Who qualifies for a joint petition in California?
Unlike summary dissolution, the joint petition has no limits on the length of the marriage, no restriction on minor children, and no cap on assets or debts. What it does require is that both spouses agree to use the process and intend to resolve every issue by written agreement. If you cannot reach agreement, or if there has been domestic violence, the Judicial Council information sheet notes this process may not be the right one for you.
What forms do you file for a joint petition?
You file Joint Petition — Marriage or Domestic Partnership (form FL-700) together with Summons — Joint Petition (form FL-710). If you have children together, you also file the UCCJEA Declaration (form FL-105). Financial disclosures follow within 60 days: FL-140, FL-150, and FL-142 or FL-160, with FL-141 filed to tell the court the disclosures were served.
How much is the filing fee for a joint petition in California?
The California Courts self-help guide lists the filing fee for a joint petition as $870 — both parties pay their own first-appearance fee of about $435. This surprises many couples who expect a joint filing to cost less. If either of you cannot afford it, you can request a fee waiver on form FW-001, and each spouse must file their own separate waiver request.
How do you revoke a joint petition if you stop agreeing?
Either party can revoke before judgment, without the judge's permission and without the other party's agreement. Petitioner 1 files an amended Petition (form FL-100) and Petitioner 2 files an amended Response (form FL-120) — with the Amended box checked — along with Notice of Revocation of Joint Petition (form FL-720), in the same case number. The other party must then be served. Revoking does not dismiss your case; it moves it onto the standard track, and the restraining orders from FL-710 stay in effect.
Can you request temporary court orders in a joint petition case?
No. Before judgment is entered, neither party may file a request for a court order while the joint petition is active. If you need orders for child support, custody, parenting time, spousal support, or discovery, you must revoke the joint petition first and then file a Request for Order (form FL-300). This is the main trade-off of the joint petition process.