Starting a California Divorce Together: What SB 1427’s Joint Petition Means for East Bay Families

Starting a California Divorce Together: What SB 1427’s Joint Petition Means for East Bay Families

By Kent Tierney | Tierney Law Group, P.C.

For decades, starting a divorce in California usually meant one spouse filed a petition against the other. Even when a couple agreed on nearly everything, the paperwork still cast them as opponents from day one.

That changed on January 1, 2026.

Senate Bill 1427 created a new way for spouses and registered domestic partners to begin a divorce or legal separation together, using a joint petition. For families in Pleasanton, Dublin, Livermore, Danville, San Ramon, and throughout the East Bay who can work cooperatively, this is one of the most practical family-law updates in years.

What Is a Joint Petition Under SB 1427?

A joint petition lets both spouses start the case with one filing instead of one person “suing” the other.

Under the new process:

• Both of you sign and file the same starting forms.
• You are listed as Petitioner 1 and Petitioner 2.
• Filing together counts as each of you appearing in the case, so formal service of the petition is not required.
• Automatic Temporary Restraining Orders (ATROs) take effect immediately, just as they do in a traditional divorce. Those orders generally restrict selling or transferring property, changing insurance, and taking minor children out of California without agreement or a court order.

The Judicial Council forms for this process are:

• Joint Petition—Marriage or Domestic Partnership (Form FL-700)
• Summons—Joint Petition (Form FL-710)
• If you have minor children: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105)

You do not need a fully written settlement agreement on the day you file. You do need a genuine commitment to resolve every issue by agreement before judgment. If that commitment falls apart, either party can revoke the joint petition and convert the case to a traditional divorce.

How Is This Different From Summary Dissolution?

California already had a streamlined option called summary dissolution, but it was tightly limited. In general, couples had to have been married five years or less, have no minor children, and meet low asset and debt caps.

SB 1427’s joint petition is broader. Couples with children, longer marriages, real estate, or more complex finances may qualify — provided they can reach a complete agreement. That makes the new process far more useful for many Tri-Valley and East Bay families who want to keep the case cooperative without fitting into the old summary-dissolution box.

What a Joint Petition Does Not Do

A joint petition starts the case. It does not finish it.

You still must:

• Exchange mandatory financial disclosures
• Reach a written agreement covering all issues in the case
• Prepare and submit a Judgment for the court to sign
• Wait six months from the date you file before a divorce can become final (there is no waiting period for legal separation)

You also cannot use the joint petition path to request temporary court orders for support, custody, or exclusive use of a home. If you need the court to decide something while the case is pending, the joint petition is usually not the right starting point. In that situation, a traditional petition is often the better fit.

Filing Fees and Where East Bay Cases Are Filed

According to the California Courts Self-Help guidance, the filing fee for a joint petition is $870. Fee waivers remain available for parties who qualify; if both spouses need a waiver, each generally files a separate application.

For Alameda County residents — including Pleasanton, Dublin, Livermore, and Fremont — family-law filings are submitted to the Family Law Division at the Hayward Hall of Justice. Contra Costa County residents (Danville, San Ramon, Alamo, and surrounding communities) file in Contra Costa Superior Court. Residency still matters: at least one spouse generally must have lived in California for six months and in the filing county for three months before filing.

What Happens After You File

Once the joint petition is filed:

1. Your case is open and the six-month divorce waiting period begins.
2. Both of you exchange preliminary financial disclosures (typically including Forms FL-140, FL-150, and FL-142 or FL-160).
3. You work toward a complete written agreement on property, debts, support, and — if applicable — custody and parenting.
4. You submit judgment paperwork. In many uncontested cases, the court can enter judgment without either spouse appearing in person.

On later forms, Petitioner 1 is usually treated as the Petitioner and Petitioner 2 as the Respondent. That labeling is a paperwork convention, not a statement about who “won” or who is at fault.

What If You Stop Agreeing?

Either party may revoke the joint petition by filing a Notice of Revocation of Joint Petition (Form FL-720). After revocation, the case continues as a regular divorce: one party files an Amended Petition (FL-100), the other files a Response (FL-120), and ordinary service rules apply.

Revocation is not a failure. It is the safety valve built into SB 1427 for cases that begin cooperatively and later need traditional court procedures, temporary orders, or contested litigation.

Is a Joint Petition Right for You?

A joint petition may make sense if:

• You and your spouse can communicate respectfully about finances, parenting, and next steps
• You expect to resolve every issue by agreement
• You do not need temporary court orders right away
• You want to reduce the adversarial tone — and often the cost and delay — of starting a traditional case

It is usually a poor fit if there is domestic violence, a serious power imbalance, hidden assets, or an urgent need for temporary support or custody orders. In those situations, protecting your rights through a traditional filing is often more important than starting the case “together.”

Even in a fully amicable case, legal advice still matters. Community property characterization, support calculations, retirement division, tax consequences, and parenting plans can create long-term problems if handled casually. Once a judgment is entered, fixing mistakes can be expensive and difficult.

Talk With a Pleasanton Family Law Attorney

SB 1427 gives East Bay couples a calmer way to open a divorce or legal separation case. Whether a joint petition is the right tool depends on your facts, your finances, and whether a durable agreement is realistic.

If you have questions about joint petitions, uncontested divorce, or how California’s newer family-law rules apply to your situation, the attorneys at Tierney Law Group can help you evaluate your options.

Contact Tierney Law Group at (925) 362-3364 to schedule a consultation.

This article is for general informational purposes only and is not legal advice. Family-law outcomes depend on the specific facts of each case. Court forms, local procedures, and filing fees can change; confirm current requirements with the court or counsel before filing.