Starting January 1, 2026, Californians now have another option for those interested in a mediated divorce solution. Many potential clients over the years have requested a mediated divorce to be done cooperatively with their spouse. Now there is a streamlined procedure to accomplish that joint desire. Please note that in such a process there is no attorney-client privilege between spouses for the communications of each spouse to attorney. Effectively, attorney would act as mediator to submit the Joint Petition for Dissolution of Marriage, complete the preliminary declaration of disclosure process, and draft the joint judgment for both spouses, a judgment both spouses must agree to sign in order to use this process.
The Joint Petition for Dissolution of Marriage is effectively a mediated divorce judgment that still requires the disclosure process and the drafting of a judgment which is required in every divorce case, except that they all must be filed at the beginning of the case. (This is not the same as a Joint Petition for Summary Judgment which is only available to a select few who qualify, e.g., those spouses married under 5 years, without children, without property, with limited community property assets and liabilities, and with no desire by either spouse to seek spousal support. If you qualify for that, you and your spouse should use the Summary Dissolution process instead and review that page to see if they qualify.)
This new Joint Petition for Dissolution of Marriage adds a new wrinkle by permitting each spouse a veto they can exercise over the agreed upon judgment they jointly submitted prior to its entry. If one spouse exercises that veto, both spouses to have to start over at the beginning with nothing accomplished besides the exchange of disclosures (which is not nothing). Another wrinkle, is that there may be a delay in starting the 6-month clock since both spouses have to complete their disclosures and sign off on an agreed upon judgment prior to starting this process. But if two spouses truly seek a streamlined and less costly way to get divorced, and both are committed to standing by their agreement for the 6-month waiting period, then it would be an option to jointly consider. This is also not appropriate to spouses where one, or both, are victims of domestic violence.
Since this Joint Petition for Dissolution of Marriage that two spouses fully agree on their spousal support orders and property division, and that two parents fully agree on their custody, visitation and child support orders, it only works if both spouses (parents) are sufficiently willing to be fair, reasonable and compromise to reach an acceptable agreement. That is the key.
For our firm’s first ten Joint Petition Dissolution of Marriage mediation cases using the new process in 2026, our firm will offer a reduced hourly rate.
If you and your spouse, jointly would like to use the Joint Petition for Dissolution of Marriage process to complete the mandatory initial filing, disclosure requirement and divorce judgment with our firm as mediator, please set up a consultation.