California Joint Petition for Divorce (FL-700) Under SB 1427: Complete 2026 Guide

California Senate Bill 1427, signed in September 2024 and effective January 1, 2026, created the most significant change to California divorce procedure in decades. It introduced a joint-petition pathway — filed on new Form FL-700 — that allows both spouses to sign and file the divorce action together, bypassing the summons, personal service, and response-period steps that define the traditional petition process. This guide walks through who qualifies, how the filing works, what documents are required, the timeline, and how the new option compares with existing paths.

What SB 1427 Changed

Before January 2026, California divorce required one spouse (the petitioner) to file FL-100, have FL-110 (summons) served on the other spouse (the respondent), and then wait for the respondent's 30-day response window. The respondent could file FL-120 (response), default could be entered if no response arrived, and only then would the case advance to financial disclosures and settlement.

SB 1427 recognizes that many California couples enter divorce already in agreement. Those couples no longer need to simulate an adversarial filing. Both spouses sign a single joint petition acknowledging their agreement, submit required financial disclosures simultaneously, and the court moves directly to the waiting-period phase. The process reduces filing friction, eliminates the cost of a process server, and shortens the practical timeline by weeks in most counties.

Who Qualifies for the Joint Petition

The joint petition under SB 1427 is available to any married couple where both spouses agree on all material terms of the divorce at the time of filing. Specifically:

• Both spouses must sign FL-700.
• Both spouses must agree on property and debt division.
• Both spouses must agree on spousal support (amount, duration, or waiver).
• If minor children are involved, both spouses must agree on legal custody, physical custody, parenting time, and child support.
• At least one spouse must meet California's residency requirement (6 months in the state, 3 months in the filing county).

If any of the above terms are contested, the couple must use the traditional FL-100 petition path. The joint-petition form is not a placeholder for unresolved disputes — it is explicitly designed for couples who have already reached agreement.

Summary Dissolution vs. Joint Petition: Why the New Form Matters

California has long offered a faster "summary dissolution" process (Form FL-800), but its eligibility rules are narrow. Summary dissolution requires all of the following:

• Marriage of less than 5 years.
• No children born to or adopted by the couple before or during the marriage.
• Neither spouse owns real estate.
• Combined community property under $50,000 (excluding cars).
• Combined community debts under $7,500.
• Both spouses waive spousal support.

These thresholds exclude the vast majority of California couples. SB 1427's joint petition removes the asset, debt, children, and duration restrictions — any agreeing couple qualifies regardless of how long they have been married, what they own, or whether they have children. That is the practical gap the new form closes.

Step-by-Step: Filing the Joint Petition

1. Confirm eligibility and agreement. Both spouses should review the terms together and sign a preliminary agreement on property, debts, custody, and support before filing. If any term is unresolved, use the traditional FL-100 path instead.
2. Prepare FL-700 (Joint Petition for Dissolution of Marriage). Both spouses complete and sign the form. It replaces FL-100 entirely for qualifying cases.
3. Complete financial disclosures. Both spouses submit FL-142 (Schedule of Assets and Debts) and FL-150 (Income and Expense Declaration) simultaneously. Under the joint-petition path, there is no staggered service and response — both sets of disclosures are filed together.
4. Prepare the Marital Settlement Agreement. Attach your signed agreement outlining property division, support, and custody to the joint filing.
5. File with the superior court. Submit FL-700, FL-142, FL-150, and the settlement agreement to the county superior court where at least one spouse has met the 3-month residency requirement. The filing fee is the same as traditional divorce (~$435, with fee waivers available).
6. Wait the statutory 6-month period. California's 6-month mandatory waiting period from filing date still applies under SB 1427. This is set by statute and cannot be shortened.
7. Judgment. After the 6-month period, file FL-180 (Judgment) and FL-190 (Notice of Entry of Judgment) to finalize. Because the case is uncontested from filing, courts typically grant the judgment without a hearing.

Timeline Expectations

Under the traditional FL-100 path, practical timelines run 7 to 9 months in most California counties due to service delays and response windows. Under the joint-petition path, the minimum timeline is the statutory 6-month waiting period plus court processing time — typically 6.5 to 7 months total from filing to judgment in counties with standard processing backlogs.

The 6-month wait cannot be reduced by SB 1427 or any other procedural change. It is a legislative policy choice embedded in California Family Code §2339 and requires a Family Code amendment to change.

Filing Fees and Costs

The court filing fee for a joint petition is the same as a traditional petition: approximately $435 in most California counties. Fee waivers remain available for filers below income thresholds (generally 125% of federal poverty guidelines, though specific eligibility varies by county). The joint-petition path eliminates the cost of a process server (typically $75–$200), which is the primary direct savings.

Online divorce services have begun adapting their California offerings to support FL-700. Expect major services to either bundle the new form into their California packages or offer a discounted joint-petition tier.

When Not to Use the Joint Petition

• Any contested term. If you and your spouse disagree on property, debt, support, or custody, the joint petition is not appropriate. Use FL-100.
• Domestic violence history. The joint-petition path is designed for collaborative filings. If there is a history of domestic violence or intimidation, having both spouses jointly sign a single filing can compromise the victim's ability to negotiate freely. Consult a family law attorney and consider the traditional path.
• Significant asset complexity. Businesses, professional practices, retirement accounts requiring QDROs, and real estate with complex financing may still benefit from attorney review even when the underlying agreement is amicable.

What SB 1427 Does Not Change

The statute is procedural. It does not change substantive California family law:

• Community property rules (50/50 split of marital assets and debts) are unchanged.
• Spousal support standards, including the indefinite-support presumption for marriages over 10 years, are unchanged.
• The "best interest of the child" standard for custody decisions is unchanged.
• Child support formulas under California's statutory guidelines are unchanged.
• The 6-month mandatory waiting period is unchanged.

Next Steps

If you and your spouse are considering a joint petition, start with our California divorce guide for the full procedural background. Review the contested vs. uncontested framework to confirm a joint filing fits your situation. Many couples use a full-service online divorce platform to prepare the paperwork, verify state-specific compliance, and file on their behalf — see our homepage comparison of the four leading services.

Related Guides

• California Divorce Laws — Full Guide
• Contested vs. Uncontested Divorce
• Property Division: Community vs. Equitable
• Child Custody Basics
• Alimony & Spousal Support