A divorce attorney San Diego residents consult in 2026 is fielding a new kind of question: “Can my spouse and I just file together?” The answer, thanks to California Senate Bill 1427, is now yes. Effective January 1, 2026, California allows married couples to file a joint petition for dissolution of marriage — both spouses sign a single document, file it together, and the filing itself serves as notice to both parties. No separate service of process is required.
This is a meaningful shift for San Diego County, where the Superior Court reported a filing fee of $870 for a jointly filed dissolution — compared to the two separate filing fees and additional service costs of a traditional uncontested divorce. San Diego’s attorneys in San Diego are advising clients that SB 1427 applies regardless of marriage length, number of children, or asset complexity — as long as both spouses fully agree on all terms. For couples who can reach that agreement, the process is faster and less adversarial than anything previously available. Browse all attorneys in California or explore our full divorce attorney directory to find representation in your area.
California SB 1427: Divorce Attorney San Diego Guide to the New Law
Governor Newsom signed SB 1427 in September 2024, and the law took effect January 1, 2026. The Los Angeles Superior Court issued a press release on December 29, 2025 announcing the new joint petition process ahead of the effective date.
Under SB 1427, a joint petition works as follows: both spouses agree on all issues — property division, spousal support, child custody, and child support — and file a single joint petition together with the court. Both spouses’ signatures constitute the filing. No formal service of process is required because both parties are already aware of and consenting to the proceeding.
Critically, this is not a limited summary dissolution. The old summary dissolution process required marriages under five years, no children, minimal property, and limited debts. SB 1427 carries none of those restrictions. A 20-year marriage with complex assets and shared children can still use the joint petition process — provided both spouses fully agree to every term before filing.
If either spouse later changes their mind, they can revoke the joint petition and convert the case into a traditional dissolution proceeding. This safety valve makes the process less risky than it might appear — if cooperation breaks down, the case simply reverts to the standard track.
Did you know? California has one of the lowest divorce rates in the United States — approximately 3.2 divorces per 1,000 residents. San Diego County’s lower cost of living relative to Los Angeles makes it an increasingly attractive city for families working through collaborative divorce. (Source: DivorceRate.org, 2026)
Common Divorce Attorney San Diego Cases
- Uncontested divorce (joint petition under SB 1427): Both spouses agree on all terms. The new joint petition process, effective January 2026, eliminates the need for separate service and reduces filing costs.
- Contested dissolution: Spouses disagree on one or more issues — asset division, custody, support. These cases proceed through San Diego Superior Court, Family Division.
- High-asset divorce: Division of real estate, investment accounts, retirement funds, and business interests. San Diego’s military community and tech sector create complex asset profiles including military pensions and deferred stock compensation.
- Military divorce: San Diego hosts the largest concentration of U.S. military personnel in the country. Military divorces involve specific rules around the Uniformed Services Former Spouses’ Protection Act (USFSPA) and deployment-related custody complications.
- Legal separation: Couples who remain legally married but want a court order governing finances and custody. Also now available under the SB 1427 joint petition framework.
- Domestic partnership dissolution: California domestic partnerships dissolve under the same legal framework as marriages, including the new joint petition option.
- Post-judgment modifications: Changing custody, child support, or spousal support orders after the original judgment due to changed circumstances.
California Divorce Law and San Diego Courts
California is a community property state. Assets and debts acquired during the marriage are generally divided 50/50. Separate property — what each spouse owned before the marriage or received as an inheritance or gift — typically stays with that spouse. Commingling separate and community property is one of the most common sources of dispute in San Diego divorce cases involving long marriages or shared business interests.
Alimony in California, formally called spousal support, is not formulaic at the permanent stage. The court weighs the length of the marriage, each spouse’s earning capacity, health, and the marital standard of living. For shorter marriages, temporary support orders often bridge the gap during proceedings. For marriages over ten years, the court retains jurisdiction over support indefinitely — meaning a post-judgment modification is always possible if circumstances change.
Child custody in San Diego defaults toward joint legal custody when both parents are fit. Joint legal custody means both parents share decision-making authority for education, healthcare, and welfare. Physical custody arrangements vary widely. San Diego Superior Court Family Division is located at 1555 Sixth Avenue downtown; filings for most family law matters go through that court.
| Divorce Path | Eligibility | Estimated Filing Cost | Typical Duration |
|---|---|---|---|
| Joint Petition (SB 1427) | Full agreement on all issues | $870 (San Diego County) | 6 months minimum (CA waiting period) |
| Summary Dissolution | Marriage <5 yrs, no kids, limited assets | ~$870 | 6 months minimum |
| Uncontested (traditional) | Agreement reached, filed separately | $435 per spouse | 6–12 months |
| Contested Dissolution | Disputes on any issue | $435+ (plus litigation costs) | 1–3+ years |
What to Look for in a Divorce Attorney San Diego
The San Diego County Bar Association offers a lawyer referral service with certified family law specialists — look for the California Board of Legal Specialization’s Family Law Certified Specialist designation, which signals demonstrated expertise and peer review. This distinction matters in complex cases involving military pensions, businesses, or contested custody.
For the new joint petition process, many couples are working with collaborative divorce attorneys or mediators who can guide both spouses to agreement before any filing occurs. Collaborative divorce in San Diego typically involves each spouse retaining their own attorney, but all parties agree in writing that no litigation will occur. If collaboration fails, both attorneys must withdraw — which gives everyone a strong incentive to reach resolution.
Military divorce requires an attorney who understands USFSPA, the Survivor Benefit Plan, and how California community property rules apply to military retirement benefits. San Diego has several attorneys who practice exclusively in military family law, which is worth seeking out if your case involves a servicemember or veteran.
Find a Divorce Attorney in San Diego on ReachAttorneys
ReachAttorneys lists divorce attorney San Diego professionals across the metro area, from downtown San Diego to Chula Vista, El Cajon, Escondido, and the North County communities. Attorney profiles include bar admissions, practice focus, and client reviews to help you evaluate fit before reaching out. California’s mandatory six-month waiting period means there is some time to find the right attorney — but the sooner you start, the more options you have.
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Frequently Asked Questions
What does California SB 1427 change about divorce in San Diego?
SB 1427, effective January 1, 2026, allows both spouses to file a single joint dissolution petition together — no separate service required. Unlike the old summary dissolution, there are no restrictions on marriage length, children, or asset levels. Both spouses simply must agree on every term before filing.
How long does a divorce take in San Diego?
California requires a six-month waiting period from the date of service (or joint filing) before a divorce can be finalized. Uncontested cases often resolve shortly after that window. Contested cases can take one to three years or more depending on the disputes involved.
Is California a 50/50 divorce state?
California is a community property state. Assets and debts acquired during the marriage are generally divided equally. What each spouse owned separately before marriage — or received as a gift or inheritance — typically remains separate property, though commingling creates disputes.
How does military divorce work in San Diego?
Military divorce in San Diego involves federal rules under the Uniformed Services Former Spouses’ Protection Act (USFSPA), which governs how military retirement pay is divided. California community property rules apply during the marriage portion of service. Deployment can affect custody timelines — a family law attorney with military divorce experience is essential.
Do I need an attorney for a joint petition divorce in California?
An attorney is not legally required for a joint petition, but most family law attorneys strongly recommend legal review before signing. Once a joint petition is filed, it establishes terms that can be difficult to undo. An attorney ensures the agreement fully protects your financial and parental rights before you commit.
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
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