Posted in Divorce
California now allows spouses to open a divorce or legal separation case with a single, shared filing. The joint petition can set a more cooperative tone from the first day, but it carries conditions couples should understand before they sign.
What the Joint Petition Changes
Beginning in 2026, spouses and registered domestic partners can file one petition together rather than one filing against the other. Both of you sign the same forms. The court lists you as Petitioner 1 and Petitioner 2.
A traditional filing names a petitioner and a respondent, a structure that can feel adversarial before anyone has said a word. Filing together signals mutual consent to the court’s authority, and no one waits on a response.
Protections Begin Immediately
The California Courts self-help guide explains that standard protective rules take effect as soon as the petition is filed. These rules prevent either spouse from:
- Taking money or making major financial changes
- Selling community property
- Moving the children out of California
- Changing insurance coverage
What It Does Not Do
The Case Still Has Steps
A joint petition starts the case. It doesn’t finish it. You will still exchange financial disclosures, prepare a written agreement on every issue, and submit a judgment for the court’s approval. The mandatory waiting period for divorce still applies, though it begins running from the joint filing.
Full Agreement Is Required
You don’t need every term settled when you file, only a list of the issues you intend to resolve. But the process assumes you will reach a complete agreement. Temporary orders aren’t available in a joint case, so if a dispute over support or parenting time needs a judge’s attention, the case has to change course.
When One Spouse Revokes
Either spouse may revoke the joint petition at any point before judgment. The case doesn’t close, and it doesn’t restart. It converts to a standard divorce, with Petitioner 1 becoming the petitioner and Petitioner 2 becoming the respondent. Amended forms must be filed and served. The protective rules stay in place.
Revocation often happens at a tense moment, and the paperwork needs careful handling.
Deciding Whether to File Jointly
Couples who communicate well and share a clear picture of their finances tend to be good candidates. It is less suitable where one spouse suspects hidden assets, where there is a history of domestic violence, or where bargaining power is unequal.
At Skarin Law Group, attorney Matthew Skarin brings 15 years of family law practice and a CPA background to cases with business interests and detailed disclosures. A Redondo Beach divorce lawyer can review proposed terms before anything is signed. Even in amicable cases, one attorney can represent only one spouse.
Speaking With Our Team
If you and your spouse are considering a joint petition, a Redondo Beach, CA divorce lawyer from our firm can help you weigh the commitment first. Contact Skarin Law Group to schedule a consultation.
