How to File a Joint Petition for Divorce in California: A Step-by-Step Guide
Most people assume divorce means one spouse sues the other — and that assumption is understandable, because that is how traditional contested divorce works. But California law offers another path: the joint petition, a process where both spouses begin the divorce together by filing at the same time.
If you and your spouse are both ready to end the marriage and want to do so as cooperatively as possible, a joint petition may be the most efficient and least stressful route available to you. Here’s how it works.
What Is a Joint Petition?
A joint petition for dissolution of marriage is exactly what it sounds like: both spouses file together as co-petitioners, rather than one spouse serving legal papers on the other. It signals from the very beginning that both parties are aligned and want to move through the process collaboratively.
The process uses specific Judicial Council forms — primarily FL-700 (the joint petition itself) and FL-710 (the joint summons) — and follows the same legal requirements as a standard California divorce, including the mandatory six-month waiting period.
| “A joint petition signals from the very start that both parties are aligned. It sets a constructive tone — and that tone often makes everything that follows easier.” |
Who Is a Good Candidate for a Joint Petition?
A joint petition works best when:
- Both spouses agree that the marriage is over and want to proceed with divorce.
- You are able to communicate with each other about practical matters.
- You broadly agree — or are working toward agreement — on property division, support, and parenting arrangements.
- Neither spouse needs to be “served” with papers, because you’re filing together.
You don’t need to have every detail resolved before you file a joint petition. Many couples file together and then work through the remaining terms via mediation or negotiation during the six-month waiting period. Starting jointly simply eliminates the adversarial dynamic that can be created when one spouse serves the other.
Step-by-Step: The Joint Petition Process
Step 1 — Confirm eligibility
At least one spouse must have lived in California for the past six months and in your current county for the past three months. This is the same residency requirement as a standard California divorce. California is a no-fault state, meaning neither party needs to prove wrongdoing — “irreconcilable differences” is sufficient grounds.
Step 2 — Complete the required forms
The core forms for a joint petition are:
- FL-700 — Petition for Dissolution / Legal Separation / Nullity (Joint Petition)
- FL-710 — Summons (Joint Petition)
- FL-105 — Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) — required if children are involved
You will also need to complete financial disclosure forms — specifically FL-140, FL-141, FL-142 (or FL-160), and an Income and Expense Declaration (FL-150) — within 60 days of filing. These disclosures are required even in an uncontested divorce.
Step 3 — File with the court
Both spouses sign the joint petition and summons, and either spouse (or both) files the paperwork at the family law clerk’s office in your county. Filing fees in Los Angeles County are currently around $435, though fee waivers are available if you qualify based on income.
Step 4 — Complete financial disclosures
Within 60 days of filing, both spouses must serve each other with their financial disclosures — a complete picture of income, expenses, assets, and debts. This step is mandatory regardless of how amicable the divorce is. An attorney can help ensure these are completed correctly, which matters because errors in financial disclosures can create problems later.
Step 5 — Negotiate and finalize your agreement
During the mandatory six-month waiting period, both spouses work out the terms of their Marital Settlement Agreement (MSA) — covering property division, support, and if applicable, a parenting plan. If you haven’t already worked with a mediator, this is often the ideal time. The MSA becomes the binding agreement that the court incorporates into the final divorce judgment.
Step 6 — Submit for final judgment
Once the six-month waiting period has passed and your MSA is finalized, you submit a Request to Enter Default (FL-165) and the proposed Judgment (FL-180) along with your MSA. If everything is in order, the court enters the judgment and your divorce is final.
Common Questions About Joint Petitions
Do we need an attorney for a joint petition?
You are not legally required to have an attorney, but it is strongly recommended to have at least one of you — or both — have an attorney review the Marital Settlement Agreement before you sign. Errors in property characterization, support calculations, or parenting plan language can be difficult and expensive to fix after the fact. Many couples use limited-scope representation specifically for this review, which keeps legal costs very manageable.
What if we can’t agree on everything before filing?
You can still file a joint petition even if all the terms aren’t settled. Filing together doesn’t lock you into a specific agreement — it simply starts the clock on the six-month waiting period and establishes a collaborative posture. Many couples use mediation during those six months to finalize their remaining terms.
Is a joint petition the same as a summary dissolution?
No. A summary dissolution is a simplified process for couples who meet very specific criteria (married less than five years, no children, limited assets and debts, no real property). A joint petition is available to most couples regardless of how long they’ve been married or how complex their finances are. If you’re not sure which applies to you, a free consultation will clarify it.
| Thinking about a joint petition? We can help. Call or text 747.230.7163 for a free consultation · bacosafamilylaw.com/contact |