For decades California has not recognized that two people might be equally interested in ending their marriage. Instead, in most cases, the only option was for one person to file, instigate, or perpetrate the divorce (by filing the Petition and having it served on the other party) and the other party had to respond, like a victim of the divorce process.
As of January 1, 2026, this has changed as California now provides a Joint Petition for Dissolution of Marriage (form FL-700), where a couple can file the same paperwork together, without having to allege a date of separation or make any support or property claims. Further, as the parties are filing together, neither needs to be served.
This new form now provides a legal avenue that encourages consensual dispute resolution and even rewards couples filing in counties like Los Angeles where they only need to pay one filing fee.
There are no restrictions on who can file a Joint Petition, but it probably is not appropriate in cases with coercive control or allegations of domestic violence.
This new path will likely be very popular with couples seeking a loving re-organization of their family, couples who want to settle things fairly and amicably, and possibly in dynamics where one person is tentative about getting divorced. Their concerns could stem from fear about an adversarial process or having to play their cards early by including some of the positions/allegations required on the old Petition/Response forms.
If you want to learn more about the Joint Petition process, call The Law Collaborative for a free consultation at 818-348-6700.