Starting Your Divorce Together: The 2026 California Joint Petition Guide
Starting January 1, 2026, California has introduced a new, friendlier way to handle the California divorce process: the Joint Petition. This path allows you and your spouse to file for divorce as a team, moving away from the old “Petitioner vs. Respondent” labels.
In a Joint Petition, you are simply listed as Petitioner 1 and Petitioner 2. This is more than just a name change; it’s a shift toward a less stressful, more cooperative way to move forward.
Who Can File a Joint Petition?
In the past, “summary dissolution” was the only way to file together, but it had very strict rules. The new Joint Petition in California is open to may more people.
You and your spouse are likely eligible if:
- You have children: Unlike older simple filing methods, you can now file jointly even if you have children under 18.
- You have assets or debt: There are no strict limits on how much property or debt you own to use this process.
- You have a long marriage: You can use this path even if you have been married for more that five years.
- You agree to work together: The main requirement is that you both agree on all the terms of your divorce by the end of the case.
Is a Joint Petition Right for You?
You and Your Spouse Already Agree
If you have already decided how to split your bank accounts and how to handle parenting time, the joint petition is the fastest route. It removes the need for professional “process server,” which saves you money and keeps the case private and low-key.
You and Your Spouse Want to Agree
Maybe you don’t have every detail figured out yet, but you both want to avoid a fight. You can start the case together to “set the rules” and then work on your final agreement over the next few months. This keeps the environment calm while you finish your financial disclosures.
You Don’t Want to Blame Each Other
Traditional divorce paperwork can feel like a list of accusations. By filing a Joint Petition for divorce in California, you avoid the “adversarial” feeling of one person filing “against” the other. This is perfect for couples who want to protect their family dynamic and stay on good terms.
You Want to Stay Out of Court
Most couples who use the Joint Petition can finish their divorce without ever having to stand in front of a judge for a hearing. As long as you submit a written agreement that covers all the required topics, the court can usually review and sign your judgment by mail.
You Aren’t Sure Where to Begin
If the California divorce process feels like a maze, the Joint Petition is a great starting point. It allows you both to enter the legal system at the same time and ensures you are both receiving the same court deadlines and information.
Important Things to Remember
- The 6-Month Wait: Even with a joint filing, California law requires a six-month waiting period before you are officially single.
- Financial Honesty: Both of you must still complete full financial disclosures, listing everything you own and owe.
- What if you stop agreeing? If one person changes their mind, they can “revoke” the petition. The case won’t disappear, but it will move into a “regular” divorce process.
Ready to see if this is the right path for your family? Contact Madison Erickson for a divorce consultation in Hanford to discuss your options.