California’s New “Joint Petition for Dissolution” Will Benefit Spouses In Collaborative Divorce Cases Starting January 1, 2026

Beginning in January 2026, California’s Family Code introduces a transformative change that will benefit spouses seeking a collaborative divorce.  With the passage of Senate Bill 1427, married couples seeking to divorce amicably may file a “Joint Petition for Dissolution” of marriage or legal separation.  Although California has allowed spouses to file a joint petition for a summary dissolution case for decades, now long-term spouses, spouses with children, and/or spouses with moderate-to-significant assets and debts will have a streamlined path to initiate divorce or legal separation.

Under Current Law (through December 31, 2025)

Historically (through December 31, 2025), only spouses meeting strict criteria—married less than five years, no children, no leased or owned property, limited assets and debts—were eligible to file a joint petition for summary dissolution, which allowed them to avoid formal service, response procedures, and produce limited financial disclosures to obtain a divorce.

Benefits Of The New Joint Petition

However, beginning in 2026, any married couple—even those with children, in marriages in excess of longer duration, and with property, or assets—who agree to resolve all aspects of their case in writing, by filing a Joint Petition for Dissolution.  There are several significant benefits to the Joint Petition’s streamlined approach:

1. The Joint Petition is deemed served upon both parties at the time of filing, which eliminates the need for personal service on one spouse. In bypassing the personal service requirement, both parties may begin the process on even footing eliminating the sentiment in which one party may feel disadvantage at the outset.
2. The Joint Petition avoids the adversarial dynamic of “petitioner vs. respondent” and eliminates the frightening language, “You have been sued,” which appears on the traditional Summons.
3. Although the Joint Petition requires both spouses to pay their respective first-filing fee at the outset, it avoids the need for the parties to pay any personal service or messenger fees.
4. The Joint Petition avoids delays in serving the respondent and by eliminating the respondent’s need to file a separate response to the petition.
5. The Joint Petition encourages a respectful, dignified path forward, and reduces emotional strain on the parties.

The spouse can agree to file an amended Joint Petition. However, in the future event that either party files an amended petition or response, files a motion, or requests a court hearing, the Joint Petition is revoked, and the case converts to a traditional dissolution process requiring each party to submit separate pleadings.

This new Joint Petition approach allows maximum flexibility to both parties as they navigate the remaining steps towards finalization of the case. Additionally, if any other issues arise after the dissolution is completed, the parties will be more equipped to amicably handle post-judgment modifications to child custody, child support, or spousal support issues in the future.

In summary, this new path complements all existing collaborative divorce practice by formalizing a more cooperative legal option for families in California. It is an exciting step toward supporting families and achieving enduring, respectful resolutions.

This article was originally posted on Collaborative Divorce California Website.

How Annual Coordination of Holidays & Vacations Can Save Money and Stress

Child custody matters can be challenging to navigate, as families adjust to utilizing their regular parenting plan and adjust for important holidays and vacations.  In California, it is crucial for parents to be aware of certain key aspects to ensure a smooth co-parenting experience. Here are some valuable insights that may shed light on what you need to know about child custody in California.

For school-aged children, it’s beneficial for both parents to map out the child custody schedule for the entire upcoming academic year, including holidays, vacations, and other important deadlines (sports registration deadlines, pediatrician appointments, IEP meetings, etc.). Considering the academic school year as a whole allows both co-parents to establish an annual routine to spot any scheduling issues or potential conflicts well in advance. Sometimes families do not realize there is a problem until it’s too late, which is not ideal.  This approach provides ample time to sort out problems before they arise and ensure both parents are interpreting the schedule correctly.

Mapping out the entire school year in advance also helps avoid other common frustrations, such as expired passports. Did you know that adult passports are issued for 10 years, whereas passports for children are only issued for 5 years? Parents often plan international trips only to realize that their children’s passports have expired or will expire imminently, which can bar their ability to travel. By agreeing to establish an annual routine, parents can coordinate their travel cooperatively, foresee passport expiration dates, and obtain passport renewals well in advance. (It is worth noting that there is currently an immense backlog in the United States Department of State which has made recent national headlines.) Proactive planning can prevent vacations from being derailed due to passport issues.

When should these conversations take place?

Generally, a good plan is to start mapping out the schedule in July or August, ensuring that next summer’s plans and potential conflicts are identified early.  Implementing a shared calendar, such as Google Calendar or a Family Wizard calendar, can further enhance communication and coordination between parents.

From a children’s perspective, knowing the schedule well in advance provides them with a sense of comfort, routine, and stability. It helps them anticipate upcoming events and avoid disappointments caused by last-minute changes.

Sometimes parents benefit by using a Parenting Plan Coordinator, who can maintain neutrality and facilitate healthy discussions.  Your collaborative attorney or mediator can assist in preparing the new schedule in a written, enforceable document.  This proactive approach fosters a more amicable co-parenting relationship and can avoid unnecessary stress and anxiety throughout the year.

It’s also important to pay attention to the distinction between holiday schedules and vacation schedules, as they may have different limitations. For example, some parents may disagree on whether summer vacations can be combined with other holidays to extend the duration of visitation. Clarifying these details and then documenting these understandings can help avoid conflicts, build mutual trust, and ensure that you and your co-parent’s plans will each be accommodated.

In conclusion, it is crucial to start mapping out child custody schedules early. By incorporating the academic calendar issued by the school district, parents can plan vacations and holiday orders years in advance. Establishing an annual routine of discussing mutual goals and mapping them out cooperatively helps ensure that children’s needs are met, and unnecessary conflicts are minimized. By proactively addressing scheduling and planning matters, families can thrive and provide their children with a stable and fulfilling co-parenting experience.

This article was originally posted on Collaborative Divorce California Website.

Divorce is one of the most stressful life events people may face. A divorce requires a family to address complicated legal, emotional, and financial issues all at once. Naturally, many people have tremendous fear and anxiety about their divorce and how their life might change. When families choose Mediation and Collaborative Divorce principles, they are agreeing to prioritize peace and respect over other harmful emotional responses.

Sorting through financial and property issues are a major part of every family’s divorce process. Families with complicated finances can save money by hiring one joint accountant to assist in division of assets and debts, establishing support orders, continuing to operate a family businesses, etc. As a Mediator, it’s amazing to see the creative options that families develop which prioritize their shared values despite the divorce, such as co-parenting, mutual respect, and healthy communication.

When a couple splits, the children who fare the best have parents who learn to co-parent quickly.

Good co-parents believe in preserving and strengthening the existing familial bonds, and are able to strive for that despite the simultaneous trauma of the breakup.  During this time of transition, parents can reduce conflict by utilizing a trained professional to facilitate healthy discussions to identify common co-parenting goals, understand the legal framework, map out the parenting time and responsibilities, and establish new co-parenting ground rules.

Every parenting plan should address the children’s day-to-day needs (daycare/school, extracurriculars, etc.), plus map out other important times like holidays, school breaks, and vacations.  A parenting plan may want to include specifics as to the location of the exchanges, which parent is to provide transportation, what happens if a parent is late, etc., depending on the family’s specific situation.  A well-crafted parenting plan should be enforceable (a court order signed by a judge), durable (last many years), clear as to mutual expectations, and ideally outline a process for how to resolve any future co-parenting issues.  A poorly-crafted parenting plan can invite confusion, conflict, and resentment.

Since all children are looking to the adults they love to provide answers, it is vitally important to commit to co-parenting immediately when a couple splits.