Is a Joint Divorce Petition Right for You?

Tue 30th Jun, 2026 Blogs

The divorce process in California has historically been adversarial. Even after no-fault divorce was introduced in 1969, the “petitioner” and “respondent” framework still applied, with one spouse serving a petition on the other and the process playing out with all the formalities of traditional litigation. But that framework is beginning to shift. As of January 1, 2026, divorcing couples in California may initiate divorce proceedings through a joint petition, allowing both parties to file together as co-petitioners. While a joint petition may work well for some couples, it is not for everyone; a Stockton divorce attorney can help you determine whether it could be right for you.

The Traditional Divorce Framework

Under existing California family law, a marriage may be dissolved when one party files a petition for dissolution of marriage (California Family Code § 2330). Before the introduction of joint petitions, that process worked only one way; the filing spouse was the petitioner, and the other spouse was the respondent. After filing, the petitioner must serve a summons and petition on the respondent, who then may file a response. From that point on, even in uncontested divorces, the case remains structured as traditional litigation until judgment is entered. That process is still in place, although § 2330 now also permits filing a joint petition.

How Joint Petitions Change the Framework

Now, instead of one spouse filing a petition against the other, both spouses may file together as co-petitioners. This process changes the framework from adversarial to collaborative. Rather than the parties being assigned the roles of petitioner and respondent, they now begin the process on equal footing. And because the parties file jointly, there is no formal service requirement. But while joint petitions change the divorce process, they do not change the substantive law of divorce. The grounds for dissolution — i.e., irreconcilable differences — remain unchanged. For more information about whether and how to file a joint divorce petition, please speak to a Stockton divorce attorney.

Joint Petition vs. Summary Dissolution

California’s new joint petition procedure may sound similar to its existing summary dissolution process, but the two procedures are very different. Most notably, summary dissolution is subject to strict requirements. To qualify, spouses must meet a number of statutory requirements:

Have been married for five years or fewer
Have no children together
Do not own any real estate
Together owe less than $7,000
Have less than $53,000 together and separately
Both spouses agree on property division
Neither spouse will get alimony

Joint petition divorces are subject to none of the above restrictions, making them available to a much broader range of couples.

The Joint Petition Filing Process

Although joint petitions alter divorce procedure, the underlying requirements of California divorce law still apply.

Generally, the process proceeds as follows:

Both spouses sign and file a joint petition for dissolution
Each party provides a financial disclosure to the other party, including assets, debts, income, and expenses
The parties negotiate settlement agreements, which may cover property division, spousal support, child support, child custody, and visitation
The spouses file their documents with the court, which reviews them for compliance with statutory requirements
The divorce becomes final six months after the date the petition was filed

For more information about how to file for divorce, whether or not you are using a joint petition, please contact a Stockton divorce attorney.

Drawbacks of Joint Petitions

For couples who are committed to a collaborative divorce, there shouldn’t be any drawbacks, right? Not necessarily. There are a few potential downsides that divorcing couples should be aware of. First, couples who use the joint filing procedure may not obtain temporary orders. These short-term orders typically address issues like child custody, child support, use of the family home, and temporary alimony. Second, either spouse may revoke the petition at any time before judgment is final. If cooperation breaks down, either spouse may file a petition to revoke the joint petition, which effectively starts the process over — one of the joint petitioners becomes a traditional “petitioner,” and the other becomes a traditional “respondent,” and all traditional requirements apply.

Should You Choose a Joint Petition?

While joint petitions offer an opportunity for a more collaborative divorce, they are not necessarily the best option for every couple; if you’re unsure of which option would be best for you, a Stockton divorce attorney can help you decide.

Good Candidates for Joint Petitions

Generally, joint petitions are best-suited to couples who have resolved — or are close to resolving — all major issues in their divorce. That includes:

Division of marital assets and debts
Child custody, visitation, and parenting schedules
Child support
Spousal support

Readers should note that a divorce need not be simple to benefit from a joint petition. Even couples with substantial assets, extensive real estate holdings, high-value business interests, and multiple children may take advantage of the joint petition process. The key requirement is that the couple has reached an agreement on all major issues.

Good Candidates for Traditional Filing

Joint petitions generally are not ideal when there are significant unresolved disputes between the parties. For example, traditional filing may be a better option in the following scenarios:

One spouse disputes child custody arrangements
The spouses disagree over property characterization or valuation
There are allegations of incomplete financial disclosure or hidden assets
There is a history of allegations of domestic violence
One spouse is uncooperative in the process

Bottom line, if there are significant disagreements or the divorce could be characterized as “high conflict,” the couple is unlikely to benefit from a joint petition.

Contact a Stockton Divorce Attorney to Determine Whether You Should File a Joint Petition

If you’re in the early stages of the divorce process and you and your spouse generally agree on all major issues, you might benefit from the new joint filing process. The best way to make that determination is to seek the counsel of an experienced attorney. For more information, please contact a Stockton divorce attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.

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