Joint petition for divorce or legal separation
Starting January 1, 2026, you and your spouse or partner can file one joint petition together. This starts your divorce or legal separation case. It can be a calmer way to begin the process, but it doesn’t finish your divorce. You’ll still have more steps to complete.
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What a joint petition is
A joint petition is a way for both of you to start your case with one filing.
⚠️ It requires both of you to agree to all of the final terms of the divorce or legal separation. If you don’t think you’ll be able to agree on everything, do not file a joint petition. File for a regular divorce instead.
With a joint petition:
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You both sign and file the same forms.
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You’re listed as Petitioner 1 and Petitioner 2.
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The court puts basic rules in place as soon as you file. These rules stop either of you from selling property, moving children out of state, or making big changes to money or insurance.
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You start the case together instead of one of you filing against the other. This can make the process feel calmer and help you work together on the issues.
📌 You don’t need to agree on everything before you file. You only need to list the issues you plan to work out. But you will have to agree by the end, or you'll have to change to a regular divorce.
⚠️ If you have been married for 5 years or less, don’t have children together, agree on everything, and have little property or debt, you may also qualify for a summary dissolution (divorce), which is a simpler process. See if you qualify for the summary dissolution.
What a joint petition doesn’t do
A joint petition doesn’t finish your divorce or legal separation. You’ll still need to:
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Exchange financial disclosure forms
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Make a written agreement about all the issues
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Prepare and file a Judgment
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Complete all other steps in the process
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Wait 6 months from when you file the joint petition to be divorced.
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There's no waiting period if you're getting a legal separation.
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⚠️ You can’t ask for temporary orders with a joint petition. The orders the court will make will be based on your agreement, at the end of the case with your final Judgment.
Steps to file a joint petition
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Fill out the forms
Work together to complete:
You’ll list the issues you hope to settle. You don’t need a full agreement yet.
If you and your spouse have children together, you will also need to fill out:
- Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105)
You must fill out this form if your children are under 18. This form tells the court where your children were born and live and if there are any other court cases involving them.- On this form, Petitioner 1 will be the Petitioner. Petitioner 2 will be the Respondent.
📘 Optional helpful form: Information Sheet for Joint Petition (form FL-700-INFO)
- Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105)
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File the forms with the court
When you file:
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Your case starts.
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As long as nothing changes, and you have a full agreement at the end, this also starts the 6 month clock running.
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The court’s basic rules start right away. These rules stop either of you from taking money, selling property, moving your children out of California, or changing insurance. These rules protect both of you while the case is open.
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By filing together, you both tell the court it has permission to handle your case. This means the court can give you deadlines and move your case forward. You don’t need to wait for the other person to respond since you both agreed to start the case.
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After you file
Once you file your joint petition:
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Your 6-month waiting period begins (for divorce cases only)
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You’ll work on agreements
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You’ll prepare your Judgment when you’re ready
On later forms:
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Petitioner 1 is listed as Petitioner.
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Petitioner 2 is listed as Respondent.
This is because most divorce forms use the labels Petitioner and Respondent. Joint petition cases are the only type of divorce case that start with Petitioner 1 and Petitioner 2. Forms that use Petitioner and Respondent are used in all other divorce cases, which are generally not filed together.
Work on your agreement
You can:
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Reach full agreement
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Change to a regular divorce if you find there are issues you don't agree to.
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💬 Get help from a self-help center
How to revoke (end) a joint petition
Either person can end (“revoke”) the joint process at any time.
If either of you wants or needs the judge to make temporary orders because you can’t agree on something, that will also revoke the joint process, but there are steps to follow.
📌 If one of you revokes:
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The case doesn’t close.
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The case doesn’t restart.
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The basic rules on not making any financial changes or moving your children out of state stay in place. See form FL-710 for what those rules say.
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Your case moves to the regular divorce process.
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Fill out forms
- Whoever wants to revoke it must fill out a Notice of Revocation of Joint Petition (form FL-720), and
- Fill out an amended form:
- If you’re Petitioner 1, you become the Petitioner and need to file an Amended Petition—Marriage/Domestic Partnership (form FL-100)
- If you’re Petitioner 2, you become the Respondent and need to file a Response — Marriage/Domestic Partnership (form FL-120)
- If you want to ask for temporary orders, you can also file for those at the same time.
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Serve the amended forms
After you file the amended forms, you must serve them on the other person.
Service must follow the normal rules for divorce cases:
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Someone 18 or older (not you) must serve the forms. This person is called your server.
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Your server can serve by mail or in person, depending on the rules that apply
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They must fill out a proof of service form
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You must file that proof of service with the court
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Follow the next steps
Your next steps will depend on where you are in your case.
- If you have not yet done the financial disclosures, learn about how to complete those.
- If you need temporary orders while the case moves ahead, learn about how to make a temporary order request.
- If you need information from your spouse or domestic partner, you may want to do a process called discovery.
- If you need a trial to resolve the issues in your case, learn about how to prepare for a trial and how to ask for one.
Key takeaways
- New forms and process start January 1, 2026.
- A joint petition starts your case together.
- It doesn’t finish your divorce.
- You still must exchange disclosures and file a Judgment.
- You can’t ask for temporary court orders in the joint petition.
- You must agree on all the issues of the case. If not, one of you will have to revoke (end) the joint petition).
- If one of you revokes, the case continues as a regular divorce.
Joint petition for divorce or legal separation
Once you've completed and filed the Joint Petition forms to start your case, you will need to share financial information (financial disclosures) with your spouse or domestic partner.