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By Giulia Carbonaro
Senior Reporter
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A new law in California promises to streamline divorces and lower costs for splitting couples, creating an option for people to file joint petitions for marriage dissolution for just $435.
The law, which was signed by California Governor Gavin Newsom last year, came into force on Thursday, January 1.
Why It Matters
The cost of divorcing can range from a few hundred dollars to tens of thousands of dollars, depending on each specific case and whether the separation is contested or not. The average divorce in California costs couples across the state an estimated $17,500, according to the Los Angeles Times, because of court filings, proceedings and attorney fees.
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According to the Society for the Positive Care of Children, the Golden State’s divorce rate was one of the lowest in the country in 2023, at 7.45 percent, meaning 75 out of every 1,000 people in the state were divorced.
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What To Know
The new law, Senate Bill (SB) 1427, makes it cheaper and quicker for divorcing couples to separate by allowing them to file a joint petition for dissolution of marriage or legal separation for $435.
The law essentially creates a "middle ground" between summary divorce and regular divorce proceedings, eliminating the need for process servers.
Until now, this option was only available to couples who had married less than five years before; had one spouse living in California for at least six months and in the county of the filing for at least three months; were not expecting a baby; did not own real estate; had no debts exceeding $7,000; and had community property valued at less than $57,000, not including cars.
With the new law, it becomes available to many more couples in the Golden State, including those with more significant assets—with the caveat that the divorce must be amicable, and the couple must agree in advance on custody, support, property division, and other important terms before filing the petition.
Divorcing couples with children will also be able to file the joint petition. They will have to provide information on the number of children born during the marriage, their ages and dates of birth; and a list of issues that the parties intend to resolve by agreement, including legal grounds for dissolution or separation, date of separation, child custody, child support, spousal support, separate property, community and quasi-community property, restoration of former names, and attorney’s fees and costs.
What People Are Saying
Patti Johnson, a legal document assistant and owner of Divorce City 911 in Bakersfield, told local news 23 ABC: "A regular divorce is very similar to what they’re doing here. They are filing a joint petition instead of one person filing a regular petition. And the difference is both people have to pay a filing fee, which I think is a negative, instead of a pro, it’s a negative. Both people are going to be required to pay that filing fee when they file this joint petition."
Johnson added: "There is one positive thing I can say. The joint filing of the petition actually is the effective date of the case. So, it negates having to have a process server or somebody serving the other side it’s already considered served, which is nice because that starts the six month, one day waiting period before the divorce process can be actually finalized."
What Happens Next
The number of divorces across the country has actually been declining since the 1980s after rising in the previous decades, the Pew Research Center reported. In 2023, there were 14.4 divorcees per 1,000 married women aged 15 and older, against the 22.6 recorded in 1980.
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