California’s SB 1427 Joint Petition Process Explained

Posted on Jul 6, 2026 by Griswold LaSalle Staff

The New Way to Divorce: California’s SB 1427 Joint Petition Process Explained

Divorce does not always have to involve intense courtroom battles or ongoing conflict. In fact, the process can proceed entirely amicably. When spouses communicate, cooperate, and reach agreements on the issues in their case, they can complete the majority of the California divorce process without ever appearing before a judge.

Choosing a cooperative path means your divorce will be faster, less stressful, and significantly more cost-effective than a traditional contested case. If you and your spouse are fully aligned on your terms, you can use our streamlined platform at simplesplit.com to complete your process smoothly.

What is the California Joint Petition Process? (SB 1427)

Effective January 1, 2026, California introduced a groundbreaking update to its family law system via Senate Bill 1427 (SB 1427). This law modernizes and streamlines the uncontested divorce landscape by allowing eligible married couples or registered domestic partners to start their case together, rather than having one spouse file an adversarial lawsuit against the other.

By eliminating the traditional “Petitioner vs. Respondent” dynamic, this new process significantly decreases the emotional stress and financial burdens that typically plague the traditional divorce process.

Summary Dissolution vs. The New Joint Petition Under SB 1427

Prior to SB 1427 California coming into effect, couples looking to file together were limited to a “Summary Dissolution”. However, that process was heavily restricted by strict asset caps and family limitations.

The table below highlights how the new joint petition process dramatically expands access for California couples:

Feature:
Old Summary Dissolution Process
New SB 1427 Joint Petition Process
Marriage Duration Must be less than five (5) years No duration limits
Minor Children Strictly prohibited Allowed (provided there is total agreement)
Marital Assets Combined value must be less than $57,000 No asset limits; includes real estate
Marital Debts Cannot exceed $7,000 No debt caps

Under SB 1427, eligible couples file a Joint Petition (Form FL-700) and Joint Summons (Form FL-710) together. This entirely eliminates the need for formal service of process, saving families thousands of dollars.

Key Benefits: How to Save Money on Divorce

Opting for a joint petition divorce in California offers clear procedural and financial advantages:

  • Single Filing Fee: Only one initial court filing fee is required, rather than separate fees for a petition and a response.
  • No Formal Service Needed: Neither spouse must formally serve the other with the Joint Petition, avoiding process server fees and uncomfortable deliveries.
  • Equal Status from Day One: Spouses are collaboratively designed as “Petitioner 1” and “Petitioner 2” at the outset, fostering a healthier foundation for co-parenting.
  • Accelerated Timeline: The mandatory six-month waiting period begins the moment the Joint Petition is filed, not when the other party is served.
  • Immediate Protections: Just like a traditional divorce, Automatic Temporary Restraining Orders (ATROs) come into effect immediately upon filing, protecting the marital estate and children for the benefit of both parties.

If you are ready to take advantage of these streamlined benefits, get started today at simplesplit.com. 

Who Qualifies for a Joint Petition Divorce?

A Joint Petition is available to spouses or registered domestic partners who fulfill the following criteria:

  • Residency Requirements: At least one spouse must have lived in California for at least six (6) months and in the county where the case is filed for at least three (3) months prior to filing.
  • Financial Transparency: Both parties must comply with strict financial disclosure requirements within 60 days after filing the Joint Petition.
  • Commitment to Agreement: Couples do not necessarily need to have a finalized, written agreement on all issues at the exact moment of filing, but they must intend to formally resolve all issues by agreement when submitting the final Judgment.
  • Child Custody & Support Alignment: If there are minor children, a complete agreement must be reached regarding legal and physical custody, a parenting plan, child support, and cost-sharing of uninsured health expenses and childcare. The court will review and approve agreements that support each child’s best interest.
What Happens If We Disagree Down the Line?

If communication breaks down, cooperation fails during the process, or temporary court orders become necessary, either spouse may revoke the Joint Petition using Form FL-720. From there, you can file an Amended Petition (Form FL-100) for the case to continue as a traditional divorce proceeding. If your amicable process hits a roadblock, it is critical to protect your rights. You can easily schedule a consultation with our experienced family law attorneys to help resolve complex disputes.

Finalizing the Process Safely

Once a complete agreement is confirmed on all outstanding issues, the written terms are submitted to the court as a comprehensive Marital Settlement Agreement or via Judicial Council forms attached to the Judgment (Form FL-180). If the agreement is complete and complies with California law, the court signs the Judgment without requiring an in-person appearance. After the judgment is entered, each party should promptly update important legal and financial documents in accordance with their agreements, including:

  • Estate plans and wills
  • Retirement and insurance beneficiaries
  • Bank accounts and vehicle titles
  • Restoring former names (if desired)
Why Legal Guidance is Still Essential For Amicable Divorces

While California’s Joint Petition process provides an incredibly streamlined and cost-effective path to divorce, it is rarely as simple as just filling out forms. Proceeding without legal counsel can be highly risky, even when the split is completely amicable.

Without professional review, parties may inadvertently overlook long-term tax implications of property division, miss critical nuances in asset distribution, or establish an  unsustainable parenting schedule. Once the final judgment is entered, undoing a mistake can be remarkably difficult and expensive.