If you and your spouse are looking to part ways amicably, California’s new joint petition might be the solution. This new law that simplifies the divorce process and removes the adversarial elements traditionally associated with divorce proceedings will take effect on January 1, 2026.
What Changed in the Joint Petition Divorce Process?
Previously, the joint petition divorce process in California was available to couples as long as they met specific criteria, such as no assets, no children, and no support requested.
However, now couples with assets, children, and support issues can file a joint petition where there is an agreement on all issues. It is available to all married couples, regardless of the duration of their marriage or the number of shared assets. The law provides a more cooperative, less contentious way to dissolve a marriage.
Why Does This Matter?
Divorce is often emotionally taxing and expensive, but this new law provides a new path for couples who wish to part ways without going through an adversarial court battle. As stated in the law:
“SB 1427 provides a simplified avenue for cooperative parties who wish to pursue a legal separation or divorce to file a joint petition and joint summons. Because there is no petitioner and respondent dynamic, both parties can appear before the Court with the dignity of equal footing and commit their intention to resolve matters of relief by agreement.”
This new law eliminates the typical “winner vs. loser” structure, ensuring both spouses maintain equal footing throughout the process.
