Starting January 1, 2026, a joint petition lets both spouses file one set of divorce or legal separation forms together. You do not serve each other, and the automatic restraining orders apply as soon as the case is filed.
You can’t request temporary orders while your case is in the joint petition process. Both spouses must exchange financial disclosures and file a final judgment package.
Your marriage status can’t end until six months and one day after filing; legal separation has no waiting period, but judgment is still required.
When you and your spouse first talked about separating, it wasn’t a fight. No one stormed out. No one hired a lawyer behind the other’s back. It was a little sad, and surprisingly calm, and you both agreed that this should be respectful, fair, and as peaceful as possible.
That’s exactly the kind of couple the new California joint petition for divorce or legal separation is designed for.
Starting January 1, 2026, this new process allows both spouses to begin a standard divorce or legal separation together—on the same side of the paperwork, not opposite ends of a courtroom.
Let’s walk through how it works, what you need to know, and whether it’s right for you.
What Is California’s Joint Petition?
The joint petition is a new way for spouses to begin a divorce or legal separation together, in a single filing.
Unlike the traditional process where one spouse files a Petition and the other must file a Response, the joint petition treats both spouses as co-petitioners from day one.
There’s no “Petitioner vs. Respondent.” Instead, you become Petitioner 1 and Petitioner 2, which is a subtle but meaningful shift that signals cooperation rather than confrontation.
This new option is only available in cases filed on or after January 1, 2026, and is rooted in the standard California dissolution process.
That means you still have to meet all the legal requirements of dissolution: financial disclosures, a written agreement, and a formal judgment entered by the court. But you’re starting the journey side by side.
A joint petition is not a summary dissolution.
Summary dissolution has strict eligibility rules. You must have been married five years or less, have no children, own little or no property, and meet several other requirements. You have to check every box to qualify.
A joint petition is available even if you do not qualify for summary dissolution. It is a full California divorce or legal separation case, just filed cooperatively.
Is a Joint Petition Right for You?
California courts make this clear: the joint petition is designed for couples who believe they can come to a full agreement on all issues by the end of the case. That includes:
- Property division
- Child custody and parenting time
- Child support
- Spousal or partner support
- Any other relief either of you is requesting
If you’re unsure whether you’ll ultimately agree, or if one of you might ask for temporary orders like custody or support, it’s better to start with a traditional process.
You can always settle later. But starting jointly means agreeing to resolve everything together.
Here’s a test:
Imagine it’s six weeks from now. You’ve exchanged financial disclosures. You’re starting to talk about the house, retirement accounts, or custody.
If the conversation could turn tense, or if one of you might say, “I want the judge to decide,” a joint petition may not be the right fit.
Three common situations where the traditional process may be better:
- Someone needs support to start immediately (rent, childcare, health insurance), which often means temporary court orders are likely.
- There is real uncertainty around a business, stock compensation, separate property tracing, or hidden debt.
- One spouse has historically controlled the finances, and the other does not feel ready to sign anything without stronger safeguards.
If those issues are on the table, starting with a traditional filing may be safer. You can still settle later. The difference is that the traditional track leaves you able to ask the court for temporary orders if you need them.
What Filing a Joint Petition Actually Does
Filing a joint petition officially starts your case in court. For divorces, it also begins the six-month waiting period required before marital status can legally end.
There is no waiting period for legal separation, but legal separation still requires a judgment.
The moment you file, several important legal effects kick in:
- Automatic Temporary Restraining Orders (ATROs) go into effect for both spouses immediately. You don’t have to serve the other party. They’re already on notice by signing the petition. These orders bar actions like moving children out of state, selling significant property, or changing insurance.
- No Response is Required. Since both parties signed the joint petition, there’s no need for a separate response. This reduces administrative steps and avoids early adversarial framing.
- No Temporary Orders Allowed. This is a crucial limitation. You cannot ask the court for temporary custody, support, or use of property while the joint petition is active. If you need court intervention before judgment, you’ll have to revoke the joint petition and convert the case to a standard one.
Think of it this way: the joint petition is designed for self-managed cooperation, not courtroom battles.
The Forms You’ll Need to Start
To file a joint petition, you’ll need a specific set of forms:
- FL‑700: Joint Petition—Marriage or Domestic Partnership
- FL‑710: Summons—Joint Petition
- FL‑105: UCCJEA Declaration, if you have minor children
On FL‑700, you and your spouse identify yourselves as Petitioner 1 and Petitioner 2. This designation carries forward: for all later forms that use “Petitioner” and “Respondent,” Petitioner 1 becomes Petitioner, and Petitioner 2 becomes Respondent.
You’ll file these documents with the court clerk, pay the filing fee (or apply for fee waivers), and receive a case number. That’s when your case officially begins.
You’ll list the issues you hope to settle. You don’t need a full agreement yet.
What Happens Next: Financial Disclosures and Reaching an Agreement
As part of any California divorce or legal separation, both spouses must complete and exchange financial disclosures.
These are required to ensure full transparency before the court will approve your final judgment. In a joint petition, each of you must serve preliminary financial disclosures within 60 days of filing.
You can then either complete a second round (final disclosures) or both agree in writing to waive that second exchange, something many couples do when trust and clarity are already in place.
Finalizing the Case: From Joint Petition to Judgment
You’ve filed. You’ve disclosed. You’ve come to a full written agreement. Now what? The case gets finished the same way any uncontested case does: you submit a judgment package for the court to review and enter.
What you will prepare and submit:
FL-130 (Appearance, Stipulations, and Waivers): This is your joint “we agree, and we are submitting this together” form. It signals that the case is uncontested and that both spouses are on board with the court entering judgment based on your paperwork.
FL-170 (Declaration for Default or Uncontested Dissolution): This is the court’s checklist-style declaration that tells the clerk and judge the case qualifies to be finalized without a trial. It summarizes key facts and confirms you are meeting the procedural requirements.
FL-144 (Stipulation and Waiver of Final Declaration of Disclosure): or a second round of disclosures. This is where you either:
- Confirm you both exchanged the required preliminary financial disclosures and agree to waive the final exchange, or
- Complete and exchange the final disclosures if you are not waiving them
FL-180 (Judgment), with your signed agreement attached: This is the main “final orders” document. It is where the court enters the terms of your divorce or legal separation. Your written agreement is attached to it, and it becomes enforceable once the judge signs and the court enters it.
FL-190 (Notice of Entry of Judgment): This is the notice that the judgment was entered, along with your updated mailing information. It matters because deadlines and enforcement often key off the date the judgment is entered.
If you have minor children or support issues, you’ll also need additional forms related to custody and child support.
Once accepted, the court will review your judgment and—if everything is in order—sign and enter it. Your marital status can’t terminate until six months from the filing date, so timing matters.
What If Things Fall Apart? How to Revoke a Joint Petition
Sometimes, cooperation breaks down. Maybe financial disclosures uncovered unexpected disagreements. Maybe trust eroded. Maybe someone now needs a court order for custody or support.
If that happens before judgment, either spouse can unilaterally revoke the joint petition.
To do so, you’ll need to:
- Complete and file a Notice of Revocation of Joint Petition (FL‑720)
- File an Amended Petition (FL‑100) if you were Petitioner 1, or an Amended Response (FL‑120) if you were Petitioner 2
- Use the same case number
- Have a neutral adult serve the filed documents on the other spouse
- File proof of service with the court
The revocation takes effect as soon as the amended petition or response is filed in the same case. From that point on, it’s a standard case. You can request temporary orders, begin formal discovery, and move toward settlement or trial.
The original ATROs from the joint petition still apply. You don’t need a new summons. But your case now continues in a more traditional track.
Need Help with a Divorce or Legal Separation?
If you and your spouse are ready to work together, the joint petition process can offer a smoother path forward. But it’s still legal terrain, and even cooperative splits come with real risks if details are missed or misunderstood.
At Provinziano & Associates, we’ve helped clients navigate both cooperative and high-conflict cases, including traditional divorce, summary dissolution, and legal separation.
We also handle related issues like child custody and support, spousal support, property division, and specialized family law matters like DVROs, prenups, and postnups.
If you’re weighing your options, our California family law attorneys are here to help you.
Schedule a free case evaluation with our team today.
