California’s New Joint Divorce Petition

California now gives divorcing spouses a way to open their case together. Beginning January 1, 2026, couples can file a single joint petition rather than having one spouse file against the other. It can lower tension at the outset, but it comes with conditions worth understanding before anyone signs.

How a Joint Petition Works

Both spouses sign and file the same forms. One is listed as Petitioner 1, the other as Petitioner 2. There’s no waiting for the other side to respond, because you’ve both asked the court to take the case.

The opening paperwork includes:

• The Joint Petition (form FL-700).
• The Summons for a joint petition (form FL-710).
• A UCCJEA declaration (form FL-105) if you share children under 18.

Filing also triggers standard restraining orders right away. Neither of you may sell property, move the children out of California, or change insurance coverage while the case is open.

The California Courts self-help guide lists the filing fee at $870. A spouse who can’t afford it may request a fee waiver.

Full Agreement Isn’t Required at Filing

This point surprises people. You only need to list the issues you plan to work out. By the end, though, you must agree on every term.

What a Joint Filing Does Not Do

A joint start doesn’t shorten the divorce. You will still need to complete the same core steps as any other California case:

• Exchange financial disclosures.
• Put a written agreement in place on every issue.
• Prepare and file a Judgment.

The six-month waiting period still applies, and it runs from the date you file. Temporary orders aren’t available inside the joint process, either. If one spouse needs the court to set custody or support while the case is pending, that request ends the joint arrangement.

Revoking a Joint Petition

Either spouse can back out at any point before judgment.

The process starts with a Notice of Revocation of Joint Petition. The case does not close or restart. It shifts to the regular divorce track, where Petitioner 1 files an amended petition, Petitioner 2 files a response, and the amended forms must be served. The automatic restraining orders stay in effect throughout.

When a Joint Petition Makes Sense

A joint petition tends to work well for spouses who communicate respectfully and expect to settle. It is a poor match when there’s a history of domestic violence, concerns about hidden assets, or a genuine dispute over the children. Filing jointly in those cases can end in revocation, which adds time and cost. Couples in short marriages with no children and limited property may qualify for a summary dissolution instead. That process is simpler still. A West Covina divorce lawyer can review your situation and tell you which route is realistic.

Cooperation at the start is helpful, but it doesn’t replace careful review. A West Covina, CA divorce lawyer residents trust can confirm your final agreement fully covers property, support, and custody.

Speak With Our Team

If you and your spouse are considering a joint petition, Schank Family Law can explain the forms, review your agreement, and advise you if the process changes course. Contact our office to meet with a West Covina divorce lawyer.