If you and your spouse agree on getting divorced and on how to handle everything that comes with it, California now lets you file the case together, as equals, instead of one of you suing the other. This is the biggest structural change to how a California divorce starts in years, and it comes from a specific law: Senate Bill 1427.
Here’s what SB 1427 actually did, who can use it, and how it compares to the options that already existed.
Quick Answer: SB 1427 and the Joint Petition
- SB 1427, authored by Senator Benjamin Allen, created a new way to start a California divorce: a joint petition, filed together by both spouses as equals, using Form FL-700
- It took effect January 1, 2026, and FL-700 is a mandatory Judicial Council form as of that date
- No caps on marriage length, children, or property value — unlike summary dissolution, which is limited to short marriages with little property
- No service required — both spouses sign the same document and formally give up the right to be served, since you’re filing together
- Filing fee is $870 total, the same as two spouses each paying $435 to file separately
- The 6-month waiting period starts on the date you file, not on a service date, since there’s no one left to serve
- Either spouse can revoke the joint petition at any time before judgment, using Form FL-720
What SB 1427 Actually Changed
Before this law, a California divorce started one of two ways: the standard process, where one spouse (the petitioner) files and the other (the respondent) must be formally served and given a chance to respond, or summary dissolution, a simplified joint process available only to a narrow group of couples — married 5 years or less, no children, and limited property and debt.
SB 1427 created a third path that sits between those two: a joint petition with no eligibility restrictions on marriage length, children, or assets. Any married couple or registered domestic partnership that meets the ordinary residency requirement and agrees on how to handle their case can use it. The official FL-700 form cites its own statutory basis as Family Code §§ 2320, 2330, 2331, and 2342.5.
Who Can Use the Joint Petition
- Residency — the same rule as any California divorce: one or both of you must have lived in California for the last 6 months, and in the county where you’re filing for the last 3 months
- Genuine agreement — both spouses sign FL-700 together, and the form asks you to state which issues (property, support, custody) you already agree on and which you plan to agree on before judgment
- No restriction on marriage length, children, or property value — this is the real difference from summary dissolution, which caps all three
What it isn’t for: the joint petition assumes real cooperation. It isn’t the right fit if there’s a history of domestic violence, a significant power imbalance between spouses, hidden assets, or genuine high conflict. Those situations are exactly what the standard Petition-and-Response process, with its formal protections, exists for — see How to File for Divorce in California for that path.
How It’s Different From Filing Separately
| Standard divorce | Joint petition (FL-700) | |
|---|---|---|
| Who files | One spouse (petitioner); other is served | Both spouses together |
| Service required? | Yes | No — both waive it by signing together |
| Filing fee | $435 (filer), $870 if both file | $870 total |
| 6-month clock starts | Service, or response, whichever first | The date you file |
| Eligibility limits | None | None (unlike summary dissolution) |
Because there’s no respondent to serve, the standard restraining orders that normally apply once one spouse serves the other (covered in What Forms Do You Need to Get a Divorce in California?) apply to both spouses immediately upon filing instead, through Form FL-710, the joint summons that accompanies FL-700.
What You Still Have to Do
Filing jointly doesn’t skip any of the substance of a divorce. Both spouses still have to complete financial disclosures, generally within 60 days of filing, the same as a standard case, see Community Property Division in California Divorce for what that actually involves. Child custody, support, and property division still follow the same legal standards either way; only the filing structure changes.
One practical limit worth knowing: once you’ve filed a joint petition, neither spouse can ask the court for an order, a hearing, temporary support, anything, without first revoking the joint petition. The process is built around reaching full agreement without court intervention; the moment either of you needs the court to step in and decide something, the joint structure has to give way to the standard one.
If It Falls Apart: Revoking the Joint Petition
Either spouse can revoke the joint petition at any point before judgment, using Form FL-720 (Notice of Revocation of Joint Petition). No reason has to be accepted by the other spouse — it’s a unilateral option, by design, so neither spouse is trapped in a cooperative process that’s stopped being cooperative.
After a revocation, the case converts to a standard divorce: one spouse files an amended petition (Form FL-100), the other must be served and can file a Response (Form FL-120), and the ordinary rules apply from there. According to the official FL-700 form, the 6-month clock that already started on your original filing date keeps running, converting to the standard process doesn’t restart it.
Joint Petition vs. Summary Dissolution
These are easy to confuse, since both involve filing together. The real difference is eligibility:
- Summary dissolution — married 5 years or less, no children, no real estate, and community property, separate property, and debt each under specific dollar limits (currently $57,000 in community property, $57,000 in separate property per spouse, and $7,000 in community debt — see How Much Does Divorce Cost in California? for the full breakdown and the official source)
- Joint petition (SB 1427) — no caps on any of that. The only real requirements are residency and genuine mutual agreement
If you qualify for summary dissolution, it’s generally the simpler and more streamlined of the two. The joint petition exists for couples who agree on everything but don’t fit summary dissolution’s narrow limits, which, before 2026, meant falling back to the standard process even when both spouses were fully cooperative.
Frequently Asked Questions
Do we need a lawyer to use the joint petition?
Not legally, but because the form asks you to state your agreement on property, support, and custody up front, many couples work through those issues with a mediator before filing. See How to Get a Divorce in California Without a Lawyer for the general DIY path, which applies to the joint petition too.
Is the joint petition cheaper than filing separately?
No. The total fee is $870 either way — $435 per spouse filing separately, or $870 for the joint petition. The benefit is procedural (no service, one shared case), not financial. If cost is the barrier, look into a fee waiver instead, which either spouse can apply for.
Can we use the joint petition if we have kids?
Yes. Unlike summary dissolution, SB 1427 places no restriction on having children. You’ll still need to address custody and support, and file the same custody-related forms (FL-105) as any case involving children.
What if we start with the joint petition and then disagree about something?
Either spouse can revoke it at any time before judgment using Form FL-720, with no requirement that the other spouse agree. The case then converts to a standard divorce, and your original filing date still counts toward the 6-month waiting period.
Does filing jointly mean we skip financial disclosures?
No. Both spouses still have to complete and exchange financial disclosures on the same general timeline as a standard case. The joint petition changes how the case starts, not what has to be disclosed.
Not sure if this is the right path for your situation? See The Complete California Divorce Roadmap for how it fits alongside every other option, or Uncontested Divorce in California for the fuller picture of what filing together as agreeing spouses involves.
Is this legal advice?
No. This guide is general information about Senate Bill 1427 and the California joint petition process — it is not legal advice, and reading it doesn’t create an attorney-client relationship. Whether the joint petition is the right fit for your situation depends on facts specific to your case. For advice about your specific case, use your court’s free self-help center or consult a licensed California family law attorney.
Sources: Form FL-700 (Joint Petition — Marriage or Domestic Partnership), official Judicial Council form, mandatory as of January 1, 2026 — statutory basis cited on the form as Family Code §§ 2320, 2330, 2331, 2342.5. Joint Petition for Divorce or Legal Separation, California Courts Self-Help Guide. Senate Bill 1427 (2024), authored by Senator Benjamin Allen. Facts checked September 23, 2026. Fees, forms, and procedures change — always confirm current requirements with the California Courts Self-Help Center or your county court before filing.