Can my spouse and I file for divorce together in 2026?
Yes. Beginning in 2026, California law allows many spouses to file a Joint Petition for Dissolution together using Form FL-700. Under SB 1427, this option is no longer limited to “summary” dissolutions and may be available to couples with children, real estate, and substantial assets. Eligibility depends on the specific facts of your case, so it is important to review your situation carefully before filing.
For couples in Santa Rosa and throughout Sonoma County, this updated process creates a more cooperative path to divorce — but it must still comply with California family law requirements and local court rules.
What Is SB 1427 and Form FL-700?
Senate Bill 1427 modernized California’s divorce process by expanding access to the Joint Petition for Dissolution (Form FL-700).
Instead of one spouse acting as “Petitioner” and the other as “Respondent,” both spouses file together as:
- Petitioner 1
- Petitioner 2
This procedural shift reflects a cooperative divorce model. However, while the filing structure changes, California’s legal standards for property division, custody, and support still apply.
If you are unfamiliar with the traditional filing process in Sonoma County, you can review it here: Navigating the Sonoma County Family Court: A Step-by-Step Filing Guide.
Who May Qualify for a Joint Petition in Santa Rosa?
Under the updated law, eligibility may include:
- Couples with minor children
- Families owning Sonoma County real estate
- Spouses with retirement accounts or investment portfolios
- Couples seeking a more cooperative divorce process
That said, not every couple will qualify. Factors such as unresolved disputes, domestic conflict, complex financial issues, or lack of full disclosure may make a joint petition inappropriate. Each case must be evaluated individually.
Automatic Protections Still Apply (Form FL-710)
Even in a joint filing, California’s Automatic Temporary Restraining Orders (ATROs) are triggered through Form FL-710.
These orders generally prevent both spouses from:
- Transferring or hiding assets
- Canceling insurance policies
- Removing minor children from the state without consent
These protections apply equally to both parties and are designed to preserve stability during the divorce process.
The Psychological Advantage of Filing Together
For many Santa Rosa couples, the ability to file jointly reduces the adversarial tone of divorce. Instead of positioning one spouse against the other, both parties begin the legal process as cooperative participants.
This approach often pairs well with mediation. Learn more here: The Role of Mediation in Santa Rosa Divorce Cases.
What If Cooperation Breaks Down? (Form FL-720)
If the joint process becomes unworkable, either spouse may file Form FL-720 to convert the matter into a traditional divorce case.
Importantly, converting the case typically does not restart California’s mandatory six-month waiting period. However, procedural rules are technical, and outcomes depend on case-specific details.
How Does the Joint Petition Affect Support or Custody?
Filing jointly does not eliminate the need to address:
- Spousal Support
- Child custody and parenting plans
- Move-away requests
- Property and debt division
The law still requires full financial disclosure and legally compliant agreements. A cooperative filing does not mean the court will approve an unfair or incomplete settlement.
Some couples may also consider legal separation before deciding whether to proceed with divorce. Learn more here: Legal Separation Attorney Santa Rosa.
How Conway Law Supports Cooperative Divorce in Sonoma County
At Conway Law, Andrew Conway works with individuals and couples throughout Santa Rosa and Sonoma County who are seeking practical, forward-focused divorce solutions.
While every case is different, the firm helps clients:
- Determine whether a Joint Petition is appropriate
- Ensure compliance with Sonoma County e-filing rules
- Review financial disclosures for accuracy
- Structure agreements that meet California legal standards
Even in amicable divorces, small procedural mistakes can delay finalization or create future disputes. Having experienced guidance can help reduce uncertainty.
Is the 2026 Joint Petition Right for Your Family?
The expanded Joint Petition option offers a promising alternative for many couples in Santa Rosa — but it is not a one-size-fits-all solution.
If you and your spouse are considering filing together in 2026, scheduling a confidential consultation can help you understand your options, responsibilities, and potential risks before you file.
Every divorce case is unique. The information above is general in nature and should not be considered legal advice for your specific situation.