A New Option Arrives in 2026: The Joint Petition for Dissolution in California
Effective January 1, 2026, California will introduce a new pathway for couples seeking to dissolve their marriage or pursue legal separation: the joint petition. This new process is designed to encourage cooperation, reduce adversarial framing, and make the process less burdensome.
What Is SB 1427?
Senate Bill 1427 (SB 1427) is the statute that creates this joint petition process. Under current law, many couples can only file for summary dissolution—which has strict eligibility requirements. Those who don’t meet those criteria must go through the traditional route: one spouse files a Petition, the other is served, and a Response is required.
SB 1427 changes that. Beginning in 2026, couples may file a joint petition for dissolution or legal separation, with both parties signing and filing together. The filing itself will count as service to both spouses, so there’s no need for one spouse to be “served.”
Once filed, both parties are considered to have appeared in the action. If, at any point before entering judgment, either spouse needs court intervention (for instance, discovery requests, motions, or trial settings), the joint petition is revoked, and the case reverts to the traditional process.
Read the full text of SB 1427 here: SB 1427 Bill Text
Why the Joint Petition Benefits Couples in Mediation
- Supports cooperative resolution. It’s a natural fit for couples working via mediation who are working together cooperatively to promote efficiency, minimize costs, and create their own agreements.
- Streamlines procedural steps. Because the petition is joint and is considered served on both parties at filing, it cuts out delays, personal service, and costs.
- Reduces “Petitioner vs. Respondent” friction. The traditional divorce process inherently positions one spouse as the instigator and the other as the responder. The joint petition levels that dynamic from the start.
- Flexibility to revert if needed. If agreement breaks down and court involvement becomes necessary, there’s a clear path to convert into the standard dissolution procedure without losing the original filing date.