California Joint Divorce Petitions: What It Means for Florida

California Just Changed How Couples File for Divorce — Should Florida Be Next?

According to the California Courts Self-Help website, a landmark new law took effect on January 1, 2026 that fundamentally changes how divorcing couples can initiate the dissolution process. Senate Bill 1427 now allows all California couples to file a joint petition for divorce, meaning both spouses sign and submit the paperwork together. No petitioner. No respondent. No formal service of process. No adversarial framing from day one.

Previously, joint filings in California were limited to couples who qualified for summary dissolution — essentially, short marriages with minimal assets and no children. SB 1427 removes those restrictions entirely, opening the cooperative filing option to every married couple in the state, regardless of how long they have been married, whether they have children, or how complex their finances are.

Family law attorneys and legal reform advocates across the country are paying close attention. And as a Florida divorce attorney, I think we should be too.

Why This Matters Beyond California

The traditional divorce model — one spouse files a petition, the other gets served and must respond — has been the standard in American family courts for generations. It is fundamentally adversarial by design. One person is the petitioner (the one doing the divorcing) and the other is the respondent (the one being divorced). Even when both spouses agree to end the marriage, the legal process forces them into opposing corners from the very first document.

California's reform recognizes something that family law practitioners have known for years: the adversarial framework often escalates conflict unnecessarily, especially in cases where couples have already agreed to part ways amicably. When you force one spouse to serve the other with legal papers — a process that can feel aggressive and humiliating — you set a tone that makes cooperation harder throughout the entire case.

The joint petition model says, in effect, "We both agree this marriage is over, and we are approaching the court together to dissolve it." It is a small procedural change with potentially enormous psychological and financial implications.

How Florida Currently Handles Divorce Filings

Florida still uses the traditional petition-and-response model. Under Florida Statute 61.052, one spouse files a Petition for Dissolution of Marriage, and the other spouse must be formally served. The responding spouse then has 20 days to file an answer.

If you have been through this process — or if you are currently facing it — you know how stressful that service requirement can be. I have written about what to do if you are served with divorce papers in Florida, and the anxiety and confusion people feel in that moment is very real. The formal service process, while legally necessary to protect due process rights, adds cost, time, and tension to a situation that is already emotionally charged.

Now, Florida does have a streamlined path for couples who agree on everything. An uncontested divorce in Florida allows spouses to resolve all issues — property division, alimony, child custody, support — and present a complete agreement to the court. This is faster and cheaper than a contested case. But even in an uncontested divorce, Florida still requires one spouse to file as the petitioner and the other to be served or file a waiver of service.

That distinction matters. California has now eliminated the adversarial filing structure altogether for couples who want to proceed together. Florida has not — yet.

Could Florida Adopt a Similar Law?

Here is where I want to offer some honest perspective: I would not hold my breath for an identical reform in Florida's 2026 legislative session. Florida's family law landscape has been focused on other priorities, including the recent overhaul of alimony law and ongoing efforts like SB 1128, which would provide after-hours judges for time-sharing enforcement.

That said, the direction Florida has been moving is broadly consistent with the spirit of California's reform. Florida courts have increasingly emphasized mediation and alternative dispute resolution. Most Florida circuits require mediation before a contested divorce can go to trial. The courts want couples to resolve issues cooperatively when possible, and judges generally prefer to approve agreements rather than impose orders.

A joint petition option would be a natural extension of that philosophy. It would not replace the traditional filing process for cases where one spouse is uncooperative or where there are safety concerns. It would simply add a cooperative alternative for couples who are on the same page.

In my practice, I see this issue come up regularly. Two people walk into a consultation together, or one spouse contacts me saying they have already agreed on everything with their partner. They are surprised — and sometimes frustrated — to learn that one of them still has to be "the petitioner" and the other has to be formally served. It feels unnecessarily combative for people who have already done the hard emotional work of reaching agreement.

What This Means for You

If you are a Florida resident considering divorce and you and your spouse are largely in agreement, here is the practical takeaway: California's new law does not change anything about your Florida case today. But it does highlight options that already exist to minimize conflict.

First, if you and your spouse agree on major issues, an uncontested divorce is your best path. It is faster, less expensive, and far less stressful than a contested proceeding. You can learn more about what it takes to qualify and what it costs.

Second, even if you do not agree on everything, mediation can help you resolve disputes without going to trial. Florida's courts strongly encourage this, and in many cases require it. Mediation versus litigation is a decision worth understanding early in the process.

Third, regardless of how your case is filed, the financial disclosure process is the same. Both spouses must complete a financial affidavit, which is one of the most important documents in any Florida divorce. Getting this right — whether you file cooperatively or adversarially — is critical to a fair outcome.

Finally, if you are worried about the costs of the process itself, know that Florida law does provide mechanisms for one spouse to request that the other pay attorney fees in certain circumstances, particularly where there is a significant income disparity.

The Bigger Picture

California's SB 1427 is part of a broader national conversation about whether our legal systems make divorce harder than it needs to be. Nobody enters a marriage planning for divorce, and nobody benefits when the legal process pours gasoline on an already painful situation.

Florida has made meaningful strides toward reducing unnecessary conflict in family law cases. Whether a joint petition option eventually makes it to Tallahassee remains to be seen. But as someone who guides people through one of the most difficult transitions of their lives, I welcome any reform that helps couples end their marriages with dignity and minimal collateral damage — especially when children are involved.

I will be watching the Florida legislature closely and will report on any developments here.

Frequently Asked Questions

Can Florida couples file a joint divorce petition right now?

No. As of 2026, Florida requires one spouse to file a Petition for Dissolution of Marriage and the other to be formally served or to waive service. There is no joint petition option under current Florida law. However, if both spouses agree on all terms, an uncontested divorce provides a streamlined and cooperative alternative.

Does California's new law affect Florida divorces in any way?

No. California's SB 1427 only applies to divorces filed in California. Florida divorce proceedings are governed by Florida Statute Chapter 61. However, California's reform could influence future legislative discussions in Florida and other states, particularly as courts nationwide continue to emphasize cooperative dispute resolution.

What is the fastest way to get a cooperative divorce in Florida today?

The fastest option is an uncontested divorce where both spouses agree on all issues — property division, debt allocation, alimony, child custody, and child support — before filing. If you can present a complete marital settlement agreement to the court, your case can potentially be finalized in as little as a few weeks after filing, though timelines vary by circuit. You can learn more about the uncontested divorce process, costs, and timeline in Florida.

If you are considering divorce in Florida and want to understand your options for keeping the process as cooperative and cost-effective as possible, we are here to help. Schedule a strategy session with our team to discuss your specific situation.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice and should not be relied upon for legal decisions. Every divorce case is unique. If you are facing a similar situation, consult with a qualified Florida family law attorney. Contact Divorce.law for a strategy session.