What is California SB 1427 Divorce Law? How It Changes Your Divorce in 2026

If you are planning to file for divorce in California this year, you need to know about a massive shift in the law. As of January 1, 2026, Senate Bill 1427 has officially changed how couples can start the legal process. For decades, California forced one spouse to “sue” the other, even if both agreed on everything. This created an adversarial atmosphere that often led to high legal fees and unnecessary stress.

Bottom line: SB 1427 removes the “petitioner vs. respondent” drama for amicable couples. Here is the truth about what has changed and how you can use this new law to save time and money.

What You Must Know: The End of Adversarial Filing

Most sites won’t tell you this, but before January 2026, only a very small group of people could file for divorce together. You had to have been married for less than five years and have no children. If you didn’t fit that narrow box, one of you had to be the “bad guy” who served papers to the other.

Under California SB 1427, that barrier is gone. As of January 2026, almost any couple can now file a Joint Petition for Dissolution. This means:

• No Process Servers: You don’t have to hire someone to “serve” your spouse. The filing itself counts as legal notice for both of you.
• Equal Footing: Neither person is the “Plaintiff” or “Defendant.” You are both “Joint Petitioners.”
• Lower Conflict: You avoid the “You Have Been Sued” language on the traditional summons.

What You Came to Know: How SB 1427 Affects Your Case

The heart of this law (codified in Family Code § 2330) creates a collaborative path for couples who are in agreement.

Who Qualifies for a Joint Petition?

In 2026, the eligibility for joint filing has expanded significantly. You can now use the SB 1427 process if:

1. You Have Children: Unlike summary dissolution, couples with minor children can now file jointly.
2. You Have Property: Whether you own a home or have complex retirement accounts, you are no longer disqualified.
3. Long-Term Marriages: There is no longer a “five-year limit.” Even if you’ve been married for decades, you can file together.

How It Impacts Spousal Support and Property Division

While SB 1427 changes how you start the case, it doesn’t change the underlying rules of [community property] or the formulas for [spousal support]. However, it requires you to be organized from day one. To file a joint petition, you must provide a list of issues you intend to resolve by agreement, including child custody, visitation, and asset division.

The Procedural Shift: Form FL-700

Starting in January 2026, the Judicial Council has released mandatory forms for these cases. The primary document is Form FL-700 (Joint Petition—Marriage or Domestic Partnership).

When you file this form, the court’s Automatic Temporary Restraining Orders (ATROs) take effect immediately for both of you. These rules prevent either spouse from hiding money or moving children out of state while the case is open. This protects your [legal rights] from the first minute you file.

What Happens if the Agreement Breaks Down?

One of the most important parts of SB 1427 is the “Revocation” clause. A joint petition only works as long as you both stay in agreement. If one spouse decides they want to fight over a specific asset or changes their mind about custody, they can file a Notice of Revocation (Form FL-720).

Once revoked, the case immediately converts to a traditional, adversarial divorce. The party who wants to move forward must then follow the standard rules for service and response.

What to Do Next: Navigating the 2026 Rules

If you think SB 1427 is right for you, follow these steps to stay protected:

• Draft a Memo of Understanding: Before filing FL-700, write down your basic agreements on property and support.
• Consult an Attorney: Even in a joint filing, you should have a [family law] expert review your agreement to ensure it is legally binding and fair.
• Complete Your Disclosures: SB 1427 does not waive the requirement to exchange financial disclosures. You must still be 100% transparent about all assets.
• Check Local Rules: Large counties like Los Angeles have updated their portals for “collaborative” filings. Search for a [divorce attorney near me] who specializes in these new 2026 procedures.

💡 Pro Tip

While SB 1427 allows you to file together, the famous California six-month waiting period still applies. Your divorce will not be final until at least six months have passed from the date you filed your joint petition. Use this time to finalize your [property division] paperwork so you can finish the process the moment the clock runs out.

Frequently Asked Questions

Is California SB 1427 the same as Summary Dissolution?

No. Summary dissolution has strict limits on assets and kids. SB 1427 is for almost any couple who wants to file amicably, regardless of how long they’ve been married.

Does SB 1427 save money on filing fees?

Not directly. Both parties still pay their first-appearance fees. However, you save significantly on process server costs and the overhead of separate legal filings.

When did SB 1427 take effect?

The law became operative on January 1, 2026. Cases started before this date generally must follow the old adversarial rules.

Can we have one lawyer for both of us?

In California, one lawyer cannot represent two people with conflicting interests. However, many couples use one attorney as a neutral mediator to help them fill out the SB 1427 forms.

Official Sources & Legal Links

To see the official text of these 2026 laws and access the new forms, visit:

• Official Bill Text: California SB 1427 – Joint Petition
• Legislative Intent: Senate Judiciary Committee Analysis of SB 1427
• California Courts: Divorce Forms and FL-700 Instructions
• State Bar of California: Find a Certified Family Law Specialist

Detailed Legal Disclaimer

This article covers California SB 1427 divorce law updates for informational use only. Rules change fast—with many updates in January 2026. AllAboutLawyer.com does not give legal advice. Consult a qualified attorney or check official State Bar of California or state court websites for your specific legal needs.

Stay informed, stay protected. — AllAboutLawyer.com

Last Updated: February 1, 2026 — We keep this current with the latest legal developments

General info only, not legal advice.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah