In California, a couple seeking to part ways have limited options when filing for divorce. Thestandard procedure requires one party to initiate the process by filing a Petition for Dissolution of Marriage, which is then “served” on the other party.
While this process works for many, those seeking to consciously uncouple have long struggled with the process. For such couples, the traditional divorce filing does not align with their mutual decision to separate. They often seek to amicably separate through settlement, mediation or collaborate divorce methods. The requirement for one party to initiate the divorce process feelsintrusive, and the need to “serve” the other party can be perceived as invasive to their chosen autonomy in a peaceful divorce.
However, recent amendments to the California Family Code have addressed concerns raised by those consciously uncoupling. Effective January 1, 2025, couples who have resolved all issues pertaining to their divorce may file a Joint Petition. This process allows both parties to jointly initiate the divorce process, eliminating the debate on who should take the first step. More importantly, a Joint Petition is deemed to have been served on both parties upon its filing with the court – eliminating the stress, anxiety, embarrassment and debate on this seemingly invasive, but necessary, step.
While a Joint Petition provides for an amicable divorce, it is not for every couple. It does not replace the standard divorce process. Instead, it serves as a solution for those who meet the statutory requirements. For those who qualify, a Joint Petition provides a solution that aligns with their desire to respectively and cooperatively divorce.
It is important to note that a Joint Petition is distinct from a Petition for Summary Dissolution. These two methods hold different preliminary requirements. The California Family Code has been amended to clearly reflect these distinctions.
Though the availability of a Joint Petition is an exciting development for proponents of amicable divorce, the details are unknown. The related Judicial Counsel form, and additional procedural steps – such as satisfying the financial disclosure requirement– are under development and are not expected to be available before January 1, 2026.
Despite these uncertainties, the following key points are known:
It appears that the legislature has thoughtfully considered all scenarios, ensuring safeguards in case the couple’s amicability deteriorates. The Joint Petition offers a cooperative and less adversarial approach to divorce, emphasizing mutual respect and understanding for those seeking a conscious uncoupling.
