Beginning in 2026, California spouses who agree to begin their case together may use a joint-petition process for divorce or legal separation. This option is available even when the marriage does not qualify for California’s more limited summary-dissolution procedure.

Both Spouses Begin the Case Together

Instead of naming one spouse as petitioner and the other as respondent, the spouses file jointly and identify the issues they intend to resolve. Filing the joint petition constitutes an appearance by both parties, and the petition is treated as served on both of them.

The procedure is designed for spouses who expect to reach agreements without asking the court to resolve contested issues. It does not eliminate the need for accurate disclosures, complete settlement terms, or a properly entered judgment.

Automatic Restrictions Still Apply

The joint summons includes the same automatic restrictions that accompany a standard California divorce or legal-separation case. These restrictions may address transferring property, changing insurance coverage, and removing children from California without the required consent or court permission.

Both spouses must follow those restrictions unless the court modifies them or another authorized exception applies. Starting the case cooperatively does not make the restrictions optional.

Discovery Remains Available

Either spouse may use authorized discovery procedures in the joint-petition case. This may be important when the parties need information concerning property, debts, income, business records, retirement benefits, or other financial issues before completing their agreement.

The joint procedure should not be used to avoid investigation or disclosure. Each spouse should understand the nature and value of the marital estate before signing final settlement terms.

Court Intervention Changes the Procedure

The parties may proceed toward an uncontested judgment while they remain able to resolve their issues without court intervention. If one spouse needs a court order, a discovery-enforcement motion, or a trial setting, the case must transition to the standard petition-and-response process.

The original filing date is preserved when that transition occurs. Existing automatic restrictions also remain in effect.

A California divorce attorney can determine whether a joint petition fits the spouses’ circumstances, identify issues requiring additional investigation, prepare complete settlement terms, and help transition the case if a dispute later requires judicial involvement.