02/05/2026
Joint Petition for Uncontested Divorce now available, effective January 1, 2026.
SB 1427, Allen. Marriage: joint petition for dissolution of marriage.
Existing law requires a proceeding for dissolution of marriage or for legal separation of the parties to be commenced by filing a petition containing specific information, including the date of marriage and the date of separation. Existing law requires a party to serve a copy of the petition with a copy of a summons upon the other party and requires the other party to respond in a specified time and manner.
Existing law requires a proceeding for summary dissolution of marriage, which can only be used in specified limited situations, to be commenced by filing a joint petition, as prescribed. A joint petition does not require service or response. Existing law authorizes a party to a marriage to revoke a joint petition for summary dissolution and terminate the proceeding, as specified.
This bill would, commencing January 1, 2026, establish a process by which parties to a marriage that does not meet the requirements for summary dissolution may file a joint petition for dissolution of marriage or for legal separation, as specified. Among other things, the bill would require parties in a joint petition proceeding for dissolution of marriage or for legal separation to provide specific facts, including the age and date of birth of each child of the marriage, if any. The bill would, upon the filing of a joint petition with the court in a form approved by the Judicial Council, deem that the joint petition was served on both parties.
FAMILY CODE 2330 NOW ALLOWS PARTIES TO FILE A "JOINT PETITION" TO FACILITATE THE DIVORCE PROCESS. THIS IS SIMILAR TO THE PREVIOUS "SUMMARY PETITION", BUT WITHOUT THE PREVIOUS FINANCIAL LIMITATIONS.
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