California has long been at the vanguard of divorce law.
In 1851, as a brand new state, it adopted comparatively broad grounds for divorce (e.g., adultery, extreme cruelty, habitual intemperance, desertion, failure to support, conviction of a felony), and was one of the first to enshrine community property rules.
In 1969, under Governor Ronald Reagan, California became the first state to enact no-fault divorce.
California has also led the nation in recognizing domestic partnerships and LGBTQ+ rights. In 1999, after several previous attempts, California officially created a statewide domestic partner registry; in 2003, Assembly Bill 205, the California Domestic Partner Rights and Responsibilities Act, signed by Governor Gray Davis, granted registered partners, including same-sex couples, nearly all the state-level rights, responsibilities, and benefits of marriage – 12 years before Obergefell v. Hodges codified marriage equality at the federal level.
Now, California has taken another big step in divorce reform – one that represents a paradigm shift in how we approach the ending of a marriage, and a new legal framework for the dissolution process.
SB 1427, which went into effect January 1, 2026, allows married couples to file a joint petition for divorce.
Traditional divorce –- even in reasonably amicable situations, when both parties want the split –- is inherently adversarial. One spouse must file a divorce petition, while the other spouse is served and must respond. It essentially mirrors the structure of civil law, in which a plaintiff sues a defendant.
Until now, couples who wanted to file jointly could only do so through a summary dissolution, which has strict, and very limiting, criteria: the parties must be married (or in a registered domestic partnership) for under five years, have no children, have community property totalling less than $47,000, community debt under $7000, and no real estate ownership, and must sign an agreement waiving spousal support.
SB 1427 offers a middle way. Any couple, no matter how long they’ve been married, and regardless of whether they have children or the complexity of their assets/liabilities, can file together to end their marriage. The filing itself becomes “service” to each party, so rather than being cornered into oppositional roles — petitioner and respondent — spouses can start from a place of cooperation, a level playing field.
The goal of the new law is to expand a streamlined, lower-cost option to more families, not just those who qualify for summary dissolution. In best-case scenarios, it can smooth the process, reduce conflict, delays, and expenses. While the average California divorce costs $17,500, according to the LA Times, the joint filing fee is just $435. Technically, this law offers couples a DIY option, but it is still advisable to have legal counsel. In theory, however – and this is a major change – since the parties are joint petitioners instead of opposing parties, they could be represented by a single attorney. They could also choose to go to mediation.
As in a standard California divorce, the 6-month waiting period still applies, and Automatic Temporary Restraining Orders (ATROs) go into effect upon filing, preventing either spouse from hiding assets, selling/transferring property, making insurance changes, or taking children out of state without consent.
Almost any couple is eligible – but there are still key requirements.
- Both parties must genuinely want the divorce and agree to file jointly.
- Spouses must agree on all issues: property/asset division, spousal and child support, and child custody/parenting arrangements. The parties cannot carve out any issues for separate resolution; it’s all or nothing.
- Transparency: both parties must make full financial disclosure.
Wherever possible, minimizing conflict is better for everyone – including the children. For obvious reasons, however, this simplified process isn’t suitable for high-conflict situations or for disputes over major issues. And it’s very important to understand that it is not appropriate in any situation where there is an imbalance of power, abusive or coercive dynamics, or a history of domestic violence. This approach demands open communication, deep trust, real respect, and a commitment to working through difficult things together – an agreement to agree.
So, what if the couple comes to a stalemate after filing jointly? (Realistically, partners that have decided to part ways have usually experienced some conflict.) There is a safeguard in place. At any time, as CA.gov explains: “If either party wishes to no longer continue with the collaborative process, they may revoke the joint petition and convert the case into a traditional divorce or legal separation proceeding before the Court.” The original filing date still applies.
While this legal procedure is new, the concept of finding the smoothest, most efficient, and peaceful way through one of life’s toughest challenges is not. At SFLG, we’ve been helping clients navigate divorce for nearly 40 years – from straightforward dissolutions that can be resolved through mediation, to high-conflict court cases. We aim for the most amicable resolution possible, but are fierce litigators when necessary. You can trust us to tailor this incredibly sensitive process to your family’s needs.
By Debra Schoenberg
