As of January 1, 2026, California introduced a new option called the Joint Petition for Dissolution of Marriage. This came from Senate Bill 1427 and is now part of California Family Code §2330(c).
For couples filing for divorce in San Bernardino County and across California, this changes the process significantly.
How Divorce Filing Worked Before 2026
Before SB 1427, unless a couple qualified for a Summary Dissolution, one spouse had to file against the other. That automatically created a “Petitioner vs. Respondent” dynamic — even when both parties were in full agreement.
That structure often added stress, cost, and conflict to an already difficult process.
How the Joint Petition for Divorce Works in California
Now, if both parties agree on all issues, they can file together as Petitioner 1 and Petitioner 2 — no adversarial filing required.
To qualify for a joint petition for divorce in California, both parties must be in complete agreement on:
- Date of separation
- Child custody and visitation (if applicable)
- Child support and spousal support
- Division of all property and debts
This is not optional. The court will not accept a joint petition if any issue remains unresolved.
No Service Required — A Major Advantage
One of the biggest benefits of the joint petition is that neither spouse has to formally serve the other. Under Family Code §2331(b), filing jointly satisfies the service requirement entirely.
For couples in San Bernardino and the Inland Empire, this eliminates the cost of hiring a process server and avoids the conflict that often comes with formal service.
Both parties are also considered to have “appeared” in the case immediately, which helps the case move forward faster.
The Six-Month Waiting Period Still Applies
One important thing to understand — the joint petition does not eliminate California’s mandatory six-month waiting period. Under Family Code §2339, no divorce can be finalized until at least six months after the case is filed.
However, during that time, couples can complete their financial disclosures, finalize their agreement, and submit their judgment so that the case is ready the moment the waiting period ends.
What if You Stop Agreeing? The FL-720 Exit Option
A common concern is whether filing a joint petition locks both parties in. It does not.
Under the new law, either party can file Form FL-720 (Notice of Revocation of Joint Petition) at any time before the judgment is entered. This converts the case to a standard dissolution, where one party becomes the Petitioner and the other the Respondent.
Filing jointly does not waive either party’s right to change course if circumstances change.
Forms Required for a Joint Petition in California
The correct Judicial Council forms for this process include:
FL-700Joint Petition for Dissolution of MarriageFL-710Joint SummonsFL-105UCCJEA Declaration (if there are children)FL-720Notice of Revocation (if one party withdraws)Joint Petition vs. Summary Dissolution — What’s the Difference?
Unlike a Summary Dissolution, which has strict limits on marriage length, property, and children, the joint petition has no such restrictions. Couples with children, real estate, or longer marriages can still file jointly — as long as they agree on everything.
For those who don’t qualify for a Summary Dissolution, the joint petition is a frequently used option for couples who do not qualify for a Summary Dissolution.
How Power Prep Legal Helps With Joint Petition Filings
As a registered Legal Document Assistant in San Bernardino County, Power Prep Legal prepares all joint petition documents at the client’s direction. The filing fee in San Bernardino is approximately $435, and LDA document preparation is a fraction of the cost of hiring an attorney.
We serve families across the Inland Empire — from Rancho Cucamonga and Fontana to Redlands, Rialto, and Highland.
This information is current and accurate under California law as of 2026.