California's Joint Petition for Dissolution Arrives January 1, 2026

Starting January 1, 2026, California will offer a new option for couples who want to end their marriage cooperatively rather than combatively—the Joint Petition for Dissolution.

This isn't just another piece of legal paperwork. It's recognition of and action on a mindset shift in divorce – a mindset shift from an adversarial process to a cooperative process. California joins Nevada and Illinois in embracing a joint petition.

What Makes This Different?

Think of the Joint Petition as the state of California recognizing and affirming the public policy benefits of marriages ending amicably, rather than acrimoniously. Unlike California's existing Summary Dissolution (which is only available to couples married less than five years with no children, minimal property, and limited debt), this new Joint Petition is designed for all families who are committed to an amicable resolution.

The Joint Petition is available to couples who:

• Have been married for any length of time

• Have children together

• Own property or have significant assets and debts, and

• Most importantly, are willing to work cooperatively toward agreement

The key requirement is that you are committed to collaborate.

How It Works: Cooperation Built Into the Process

From the first filing, the Joint Petition sets a different tone:

• You file together. Both spouses sign and submit the petition jointly. There's no "Petitioner versus Respondent" language. No one is being sued. There is no formal service of papers by a third party. The very structure of the process says: "We're doing this together."

• The language shifts. Gone are the adversarial terms that immediately put parents on opposite sides. This matters more than you might think. Words shape how we view ourselves and each other. When the legal system isn't framing you as opponents from day one, it's easier to stay focused on what truly matters—your children's wellbeing and your family's future.

• Flexibility with guardrails. If at any point before the final judgment you find yourselves unable to agree and need court intervention—motions, discovery, a judge's decision—the case converts to a traditional dissolution process. (This isn't failure; it's a recognition that circumstances may change and families need appropriate tools for their situation.)

Why This Matters for Child-Centered Divorce

Here's a truth I share with every parent I work with: You're ending a marriage, not a family. Your children will continue to have two parents who need to communicate, cooperate, and co-parent for years to come. The Joint Petition process aligns beautifully with this fact because it:

• Preserves the cooperative relationship you'll need for effective co-parenting

• Sets the stage to reduce the emotional and financial costs that drain resources that would be better spent on your children's future

• Creates a framework where negotiation and agreement are the expectation, not the exception

• Supports the use of mediation and other ADR methods that keep decision-making power in your hands, not in the hands of a stranger in a black robe

When parents can navigate divorce through agreement rather than argument, children experience less conflict, smoother transitions, and parents who model problem-solving rather than polarization.

Is the Joint Petition Right for You?

This process is ideal if you and your spouse:

• Share a commitment to minimizing conflict for your children's sake

• Are willing to negotiate in good faith

• Value maintaining control over decisions affecting your family

• Want to reduce the emotional and financial toll of divorce

• Are working (or open to working) with a mediator or divorce coach

It's important to understand that "agreeing to divorce cooperatively" doesn't mean you agree on everything today. It means you're committed to the process of reaching agreement through negotiation, mediation, and compromise.

Preparing for Success

The Joint Petition isn't a magic wand—it's a tool, and it’s only the beginning of the cooperative process. This is where divorce coaching becomes invaluable.

As a divorce coach, I help parents:

• Clarify their priorities and values before entering negotiations

• Develop communication skills for productive discussions

• Navigate the emotional challenges while staying focused on practical solutions

• Prepare for mediation sessions

• Keep their children's needs at the center of every decision

• Create agreements that will actually work for their unique family

The new Joint Petition process opens a door. But walking through that door successfully requires preparation, support, and commitment to your family's wellbeing.