The all-new Joint Petition

Effective January 1, 2026, the State of California has launched a new Judicial Council form that allows parties who are seeking to file either an amicable divorce (aka dissolution) or legal separation action to have BOTH parties file together in a Joint Petition. Prior to this option being introduced, one person (known as the Petitioner) would sign the Petition which was filed with the court to open the case. There would then need to be “service of process” where the other party (forever known as the Respondent) had to be formally served with the pleadings. The Respondent would then file a document called a Response. Now the need for that awkward conversation to determine who will file, as well as the formality of service of process on the Respondent is eliminated due to the ability to now jointly file. The Respondent no longer must file a Response since they were included in the Petition.

The amicable and “team” mindset of mediation clients is further reinforced by the ability to both file together in the new Joint Petition. It eliminates the decision of picking who will be the Petitioner which for some couples can be a tough call to make. In the event the mediation or settlement efforts break down, the Court has Petitioner #1 file an Amended Petition and Petitioner #2 files an Amended Response. There seems to be a positive psychological or emotional element to this new joint method, as almost all our new clients since this form was made available in the new year have opted for the Joint Petition. Contact us to learn more about this new court form if you and your spouse are wanting to peacefully resolve your divorce between yourselves and not go through the court system.