California divorce law changes in 2026!
California, the first state to legalize ‘no fault’ divorce in 1969, has taken another significant step toward making divorce in California more cooperative and less adversarial. As of January 2026, a new law, Senate Bill 1427, allows for a ‘joint petition for dissolution of marriage’. Amy Laughlin, Founder, Partner, and California joint divorce attorney at Laughlin Legal Divorce and Family Law Group in San Mateo explains what it means for divorcing couples.
“SB1427 calls for a whole new paradigm in terms of how people think about the dissolution of a marriage because it’s fundamentally cooperative from the start in that you file for your divorce jointly, as a couple, just as you filed for your marriage. And it requires couples to discuss the terms of their settlement agreement first and resolve things up front, and then file the paperwork.
It’s a thrilling development for divorcing couples and their attorneys as well. As a mediator and California joint divorce attorney, I appreciate being able to put some of my softer skills – like mediation and negotiation – to use from the very start of the divorce process. Even when practicing traditional divorce, I’ve always broached the subject of the settlement early regardless of how far apart the spouses believe themselves to be. And I’ve always told clients that regardless of their differences, it’s never too early to think about settlement and talk about it. They may be surprised to discover they’re not as far apart as they thought. It happens.
So if couples can be fully transparent with their financials and reach an agreement on their date of marriage and separation, on spousal support, child custody and visitation, child support, how to divide assets and debts, and a few other issues, they can save a great deal of time and money and set themselves up for a more amicable future.”
Q Is it true that SB1427 benefits lower divorce costs in California? How so?
“Absolutely true. It’s a big cost savings. And the primary way in which you’re saving money is you’re agreeing not to litigate! When you subtract the litigation expenses of serving subpoenas, requests for production of documents, or requests for admission, that’s a significant savings. All of that is very expensive and laborious stuff that happens during contentious litigation.
And what you’re doing instead is you’re committing to reaching an agreement on all the major terms of your divorce. Having said that, I believe that both parties should always have their own attorney to look over the final terms.”
Q Who qualifies for SB1427 joint divorce?
“Who qualifies for SB1427 joint divorce is a question I’m answering a great deal these days! I would say, every case qualifies where both spouses believe:
They can agree on all the terms of divorce listed in FL-700 (the joint petition form) without court intervention.
There is not an imbalanced power dynamic where one spouse is super controlling of the other.
The terms they agree upon appear to be fair.
In my experience, couples coming out of a long term marriage where there are no minor children are especially strong candidates for joint petition. Gray divorce couples, for instance, are really great candidates; their cases are usually very straightforward.”
Q Is financial disclosure in a joint divorce petition in California the same as in a regular divorce?
“Yes. Financial disclosure in a joint divorce petition in California is essentially the same. Under California Family Code Section 2100, financial disclosure is an essential part of every divorce because every divorcing couple has to accurately account for all their assets and debts in order for them to be fairly split.”
Q Are hidden cash and assets in divorce more or less of an issue in joint divorce petitions?
“Generally speaking, couples who are less adversarial are more likely to agree to the transparency and cooperation that a joint divorce petition requires and less likely to be hiding something.
However, if this question indicates that you do suspect hidden assets that are material, a California joint petition divorce is probably not the best way for you to approach your divorce. You might want to do a more formal discovery.
For everyone else, even if you’re not initially concerned about hidden assets, if your partner approaches a complete disclosure of assets and debts with resistance and pushback, you, too, might want to reconsider joint divorce petition.”
Q Does SB1427 represent a more amicable divorce process in California?
“I think there are definite emotional benefits to SB1427 that make it a more amicable divorce process in California. You’re drafting your own divorce agreement, yourselves, and it’s a non-adversarial process with less emotional turmoil and anger. And that’s great for this new construct you’re developing for your life post-divorce, especially if you have children. Children are frequently so negatively impacted by contentious divorces. So this is a big gift to your children.”
Q What other benefits are there to joint divorce legal representation in California?
“To my mind, the biggest benefit is simply having another option for how you dissolve your marriage. And to be able to exercise that option from the beginning, before an adversarial attitude has an opportunity to develop, is such a benefit.
So often, fear is what sets the tone for a divorce. But if you start talking about cooperation and settlement from the very beginning, as opposed to one spouse filing a petition and serving it to the other spouse who’s surprised and sometimes frightened, you’re starting the process on equal footing with an attitude of trust instead of distrust. With joint divorce representation, couples are talking about settlement before the paperwork is even filed! That’s an extraordinary shift. Honestly, it’s good for everybody – the couple, the children, the extended family, friends of the family. Less damage, less stress.”
Q What qualities or skills should someone look for when choosing a California joint divorce attorney?
“Joint divorce is brand new in California. It demands a whole new paradigm in terms of how we all think about dissolution. It requires couples as well as their attorneys to think and behave differently, to draw upon a different skill set. I welcome it. There are times when it’s frustrating to practice within a system that sets couples up for a fight whether that’s where they were headed on their own or not.
There will always be divorce attorneys who are hard wired to fight, and that’s unlikely to be compatible with the joint divorce model. I suggest looking for a California joint divorce attorney who’s a certified mediator as well as a litigator. They’re more likely to be a strong negotiator and to bring a balanced approach to joint divorce. Always interview at least two or three divorce attorneys before making your choice.
Looking for a California joint divorce attorney to help you and your family achieve a better outcome?
Laughlin Legal Divorce & Family Law Group is a collection of some of the most skilled mediators and divorce attorneys in Silicon Valley. Laughlin Legal is trusted throughout California for their ability to skillfully help divorcing parties achieve a better outcome.
If you or someone you love is headed for a divorce and interested in joint divorce legal representation in California, learn more about how the divorce services we offer can best represent you and your values. Call us now at 650.343.3486 to schedule a consultation with a Laughlin Legal divorce attorney. If you’d prefer, you can email us to set up your appointment. If we miss your call, we will respond promptly and call you back as soon as possible.
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