Divorces can be highly charged and emotionally challenging.
California’s legislature is considering a bill that will further streamline the process for many divorces. Currently, the dissolution and legal separation proceedings begin with one spouse filing a petition with the court and arranging for the other spouse to be personally served with copies of the summons and petition. The documents must be served by a non-party adult. The requirement that one party assume the role as “petitioner” and serve the “respondent” with papers alludes to an adversarial dynamic, which may cause unnecessary stress or discomfort in an otherwise amicable divorce.
In certain cases, parties may file a joint petition for summary dissolution which effectively eliminates the need for one spouse to be served. The requirements for this option, however, are narrow. To qualify for a summary dissolution, the parties must meet the following requirements: (1) the length of the marriage is less than five years, (2) neither party owns property, (3) the parties’ community property is not more than $25,000, and (4) the parties have no biological or adopted children from the marriage.
Senate Bill 1427 proposes an option that expands the benefit of summary dissolutions to parties who do not meet its qualifications.
SB 1427
Introduced by Sen. Ben Allen, SB 1427 creates a process by which a married couple not eligible for summary dissolution can jointly file a petition for dissolution of marriage or for legal separation. The law would take effect January 1, 2026.
A joint petition would require the parties to list issues they intend to resolve by agreement. The issues may include: (1) the legal grounds for dissolution or legal separation, (2) the date of separation, (3) child custody, (4) spousal or domestic partner support, (5) separate property, (6) community and quasi-community property, (7) restoration of former name, or (8) attorney’s fees and costs. Once the joint petition and joint summons are filed, both parties will be deemed to have appeared in the matter. The parties may proceed with resolving the terms of the dissolution without involving the court. Since resolution can come without court involvement, SB 1427 may also ease the burden on backlogged family law courts.
Parties interested in this process should be aware that if a party later decides to file any request for order, including discovery motions, or a request to set trial, the request will revoke the joint petition status. At that point, the parties must file an amended petition and response. Furthermore, parties should also know that under SB 1427, a joint petition does not necessarily mean reduced filing fees. The parties will still need to remit payment for the filing of a petition and response, which are currently required in standard dissolution and legal separation cases.
Conclusion
SB 1427 provides an alternative for cooperative divorcing parties to file a joint petition to dissolve their marriage. This method eliminates the adversarial petitioner and respondent dynamic and gives both parties the dignity of equal footing under the law.
The California Senate passed SB 1427 unanimously on May 9, 2024. The bill is currently working its way through the Assembly, having been heard and voted upon by the Assembly Judiciary Committee on June 4. The legislature has until August 31 to advance this bill to Governor Newsom, or it will be considered “dead.” The bill has yet to receive opposition, so it is likely to land on Governor Newsom’s desk this fall.
