California now permits qualifying spouses to begin a divorce or legal-separation case through a joint petition even when they do not meet the requirements for the more limited summary-dissolution process. This option is intended for spouses who expect to resolve their issues without asking the court to decide contested matters.

Both Spouses Begin the Case Together

The spouses identify themselves as joint petitioners and file one petition describing the issues they expect to resolve. Filing the joint petition constitutes an appearance by both spouses, and the petition is treated as having been served on each of them.

Because both parties participate from the beginning, the case does not use the traditional petitioner-versus-respondent structure unless the joint process is later revoked.

The Process Depends on Continued Cooperation

The spouses may proceed toward an uncontested judgment if they can create their agreements without court intervention. Their settlement must still address all necessary issues, which may include property, debts, spousal support, and attorney fees.

A joint petition does not eliminate disclosure duties or allow the spouses to conceal assets from one another. Either spouse may also use authorized discovery procedures if additional information is needed before reaching an agreement.

A Court Request Can Convert the Case

If one spouse wants the court to decide a disputed issue, that spouse must amend the pleadings. Filing an amended petition or response revokes the joint petition and converts the matter into a standard divorce or legal-separation case.

A request for temporary orders, a motion to compel discovery, or a request to schedule a contested trial similarly requires an amended pleading before or at the same time as the court request. The case keeps the original joint-petition filing date for relevant deadlines.

Either Spouse Can End the Joint Procedure

Either spouse may revoke the joint petition before judgment by filing and serving the required amended pleading and notice. The first joint petitioner then becomes the petitioner, while the second becomes the respondent.

The automatic restraints included with the original summons remain effective after revocation. Alternatively, if both spouses remain cooperative, they may amend the joint petition together without ending the joint process.

A California divorce attorney can determine whether a joint petition fits the spouses’ circumstances, prepare a complete settlement, ensure financial disclosures are exchanged, and convert the case correctly if court intervention becomes necessary.