Changes Coming to the Family Code in 2026 to Simplify the Dissolution Process

Did you know that there is an easier way to become divorced in California? Summary dissolution is a simplified and faster way for some couples to become divorced without the need for court appearances. Parties seeking a summary dissolution are required to file a joint petition. Under existing law, there are strict requirements to qualify for a summary dissolution, which significantly limit the eligibility of couples seeking a simplified divorce:

1. Married for five years or less;
2. Lived in California for at least 6 months and in the county of filing for at least 3 months;
3. No minor children and neither party is pregnant;
4. No real property;
5. Debt is less than $7,000;
6. FMV of community property and separate property assets is less than $57,000 each;
7. Irreconcilable differences have caused the irremediable breakdown of the marriage;
8. Forever waive the right to spousal support;
9. Waive the right to appeal and move for a new trial; and
10. Exchange information regarding finances, assets, and debts.

Effective January 1, 2026, Senate Bill No. 1427 will expand the ability to file a joint petition and proceed without involving the court. Family Code § 2330 will be amended to include that a proceeding for dissolution can be commenced by filing either a petition or joint petition. If filing a joint petition, the parties must set forth the following facts:

1. Date of marriage;
2. If there are minor children: the number of children and age/date of birth of each child;
3. If no minor children: a statement of that fact; and
4. A list of issues which the parties intend to resolve by agreement.

Parties filing a joint petition may seek discovery pursuant to the Code of Civil Procedure. Additionally, parties may file an amended joint petition which does not affect their ability to proceed with the dissolution pursuant to a joint petition. Although the joint petition does simplify the dissolution process, it does not reduce the filing fees required under a regular dissolution, as the parties are still required to pay the filing fees for a regular petition and response. Like a regular divorce, there is a six month waiting period for the dissolution to finalize.

Senate Bill No. 1427 also adds Family Code § 2342.5, which provides that if either party file an amended petition or response, the joint petition for dissolution is deemed revoked and the proceeding shall proceed as a regular dissolution. If either party files a Request for Order, that party must file an amended petition or response, meaning that the joint petition will be revoked, and the case shall proceed in normal course.