As of January 1, 2026, couples in California who agree on ending their marriage or domestic partnership can now file for dissolution together, using the new form: Joint Petition for Marriage or Domestic Partnership. This is one of the most significant procedural shifts in California family law in years. The new court form introduced allows both spouses to file as “Petitioner 1” and “Petitioner 2” — eliminating the old model where one party had to formally sue the other. By signing the petition together, couples signal from day one that they intend to work cooperatively through the process.
Key advantages of filing jointly
Beyond the symbolic shift away from adversarial framing, the new process offers concrete practical benefits:
- No service of process. Because both parties sign the petition together, it’s considered “served” on both immediately — no need for a process server, and no stressful papers being delivered to your door.
- Faster start. You can submit your settlement agreement and proposed judgment right away, without waiting for response deadlines to expire. This can meaningfully speed up the overall timeline. Keep in mind, the six-month waiting period still applies. No matter how fast you reach agreement, marital status cannot officially end until six months and one day after filing, per Family Code § 2339.
- Built-in flexibility. If things get complicated down the road, either spouse can revoke the joint petition and convert to a traditional dissolution — without losing the original filing date or starting over from scratch.
Who can use it?
One of the biggest advantages is how broadly available the new process is — far more so than the old “summary dissolution” route it effectively replaces for most amicable couples.
- No marriage duration limits: Two years or twenty — any length of marriage qualifies.
- Parents are included: Couples with minor children can now use this streamlined path.
- No asset caps: Complex assets, significant property, and substantial debts? No problem. However, it is important to note that full financial disclosures are still required. Both spouses must still exchange complete disclosures of all income, assets, and debts, as required by California Family Code § 2104.
- Agreement: One key requirement is that both spouses must agree — or intend to agree — on all issues in the case.
The Bottom Line
The Joint Petition is a genuinely meaningful reform. For couples who can communicate and agree, it removes friction, reduces costs, and removes the adversarial framing that can poison even the most civil separations.
That said, even an amicable divorce involves real legal and financial consequences. The new process is more accessible, but it’s not a substitute for legal guidance on ensuring your settlement is fair, comprehensive, and enforceable.