California family law is taking a major step toward collaboration and reducing conflict with the introduction of the Joint Petition for Dissolution of Marriage (SB 1427), effective January 1, 2026.
This new option allows spouses to file for divorce together, even when children or significant assets are involved, something previously reserved for short-term, asset-light marriages. At the Law Offices of Alexandra McIntosh, our family law attorneys help couples understand whether this process is appropriate for their situation and provide guidance every step of the way.
A Major Shift in California Family Law (Effective January 1, 2026)
California’s family law landscape is evolving with the introduction of SB 1427, marking a significant shift in how divorces can be initiated. For decades, divorce filings have relied on a petitioner vs. respondent model that often sets the stage for conflict from the outset.
The new Joint Petition for Dissolution allows couples to file together as equal petitioners, creating a more collaborative and cooperative approach to ending a marriage.
Joint Petition vs. Summary Dissolution: What’s the Difference?
SB 1427 expands joint filing beyond the previous “5-year marriage/no children” limits of Summary Dissolution.
| Feature | Summary Dissolution | Traditional Dissolution | Joint Petition (SB 1427) |
| Eligibility | Married < 5 years, no children, limited assets | Any marriage, children, any assets | Any marriage, children allowed, significant assets allowed |
| Filing Roles | Petitioner vs. Respondent | Petitioner vs. Respondent | Both spouses are petitioners |
| Service of Process | Required | Required | Eliminated |
| Emotional Friction | Minimal | High | Reduced, collaborative approach |
| Fees | Filing fees apply | Filing fees apply | Each party pays filing fee (~$435) |
Key Benefits of Filing a Joint Petition
Filing a joint petition allows both spouses to begin the divorce process collaboratively rather than from opposing sides. This approach works best in situations where both parties are ready to move forward amicably and can communicate effectively about property, finances, and parenting issues. A joint filing can simplify legal procedures, reduce conflict, and set a cooperative tone for the entire process.
Eliminating the Need for Formal Process Service
When both spouses agree to file a joint petition, the formal step of serving divorce papers is no longer necessary. This eliminates the anxiety and formality of someone being “served,” which can often heighten tension between parties. It also reduces filing and delivery expenses, allowing the process to move forward more efficiently and amicably from the start.
Reducing Initial Emotional Friction and “Power Plays”
A joint filing removes the competitive dynamic of labeling one spouse as the petitioner and the other as the respondent. Starting on equal footing promotes open communication and reduces the inclination for one party to “take control” of the process. This cooperative approach often leads to faster resolutions, fewer disputes, and a more positive atmosphere during an emotionally charged transition.
Immediate Protection Through Automatic Restraining Orders (ATROs)
Once a joint petition is filed, Automatic Temporary Restraining Orders (ATROs) take effect for both spouses. These court orders help maintain the status quo by preventing either party from selling assets, making major financial changes, or harassing the other while the divorce is pending. By applying the same restrictions to both sides, ATROs create fairness and stability during the early stages of the separation.
How the New Process Works: Step-by-Step
Understanding each step ahead of time can make the process smoother and ensure both parties meet all legal requirements without unnecessary delays.
Filing Form FL-700 and the 6-Month Waiting Period
The process begins when both spouses jointly submit Form FL-700 (Joint Petition for Dissolution) along with their required financial disclosures. After the joint petition is filed, California law imposes a mandatory six-month waiting period before the divorce can be finalized, giving both parties time to confirm decisions about assets, support, and other important matters.
The Requirement for Full Financial Disclosure
A critical part of the joint petition process is full financial transparency between both spouses. Each party must provide complete and truthful details about their income, assets, debts, and property. Full disclosure promotes fairness and helps prevent disputes later, ensuring that all agreements regarding division of property or support are based on accurate information. It also protects both parties from potential legal issues that could arise if assets are later discovered to have been concealed.
When the Joint Petition Might NOT Be Right for You
Despite its benefits, joint filing may not suit every couple. If one party is unwilling to cooperate or there is a history of domestic violence or financial dishonesty, a traditional adversarial process may provide stronger legal protections.
Additionally, either spouse can revoke the joint petition using Form FL-720, returning the case to a traditional divorce if disagreements arise. Understanding these options in advance is critical and will determine how you will need to utilize a divorce strategy attorney.
Why Legal Guidance is Still Essential in a “Joint” Filing
At the Law Offices of Alexandra McIntosh, we guide San Diego families through the new collaborative divorce process with compassion. We want to make sure the process is fair, transparent, and aligned with your family’s goals.
Our firm can help by:
- Preparing and reviewing all required forms and disclosures
- Advising on child custody, support, and asset division
- Facilitating collaborative communication between spouses
- Explaining revocation options if one spouse changes their mind
- Representing you in court or negotiations, if needed
- Coordinating with financial or parenting professionals
- Providing guidance throughout the dissolution process
Pursuing a Dignified Resolution with Alexandra McIntosh
Working with an experienced family law attorney ensures that your rights and interests are fully protected while keeping the process as smooth and cooperative as possible. At the Law Offices of Alexandra McIntosh, we are committed to helping families navigate California’s new joint petition process with clarity, support, and respect.
Contact us today at (760) 753-5357 to schedule a consultation and take the first step toward a fair and collaborative resolution. Whether you are just starting your divorce or need guidance through complex financial or parenting issues, our team is here to provide the guidance you need.