CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1427Introduced by Senator AllenFebruary 16, 2024 An act to amend Sections 2330, 2331, 2342, 2401, and 2402 of, and to add Section 2342.5 to, the Family Code, relating to marriage.LEGISLATIVE COUNSEL'S DIGESTSB 1427, as introduced, Allen. Marriage: joint petition for dissolution of marriage.Existing law requires a proceeding for dissolution of marriage or for legal separation of the parties to be commenced by filing a petition containing specific information, including the date of marriage and the date of separation. Existing law requires a party to serve a copy of the petition with a copy of a summons upon the other party and requires the other party to respond in a specified time and manner.Existing law requires a proceeding for summary dissolution of marriage, which can only be used in specified limited situations, to be commenced by filing a joint petition, as prescribed. A joint petition does not require service or response. Existing law authorizes a party to a marriage to revoke a joint petition for summary dissolution and terminate the proceeding, as specified.This bill would, commencing January 1, 2026, establish a process by which parties to a marriage that does not meet the requirements for summary dissolution may file a joint petition for dissolution of marriage or for legal separation, as specified. Among other things, the bill would require parties in a joint petition proceeding for dissolution of marriage or for legal separation to provide specific facts, including the age and date of birth of each child of the marriage, if any. The bill would, upon the filing of a joint petition with the court in a form approved by the Judicial Council, deem that the joint petition was served on both parties.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2330 of the Family Code is amended to read:2330. (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition or joint petition entitled In re the marriage of ____ and ____ ____, which shall state whether it is a petition for dissolution of the marriage or for legal separation of the parties.(b) In a proceeding for dissolution of marriage or for legal separation of the parties, the petition shall set forth forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of marriage.(2) The date of separation.(3) The number of years from marriage to separation.(4) The number of children of the marriage, if any, and if none a statement of that fact.(5) The age and birth date of each minor child of the marriage.(c) In a joint petition proceeding for dissolution of marriage or for legal separation of the parties, the joint petition shall set forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of the marriage.(2) (A) If there are children of the marriage, all of the following information:(i) The number of children.(ii) The age of each child.(iii) The date of birth of each child.(B) If there are no children of the marriage, a statement of that fact.(3) A list of issues upon which the parties intend to resolve by agreement, including, but not limited to, all of the following:(A) The legal grounds for divorce, dissolution, or legal separation.(B) The date of separation.(C) Child custody.(D) Spousal support or domestic partner support.(E) Separate property.(F) Community and quasi-community property.(G) Restoration of former name.(H) Attorneys fees and costs.SEC. 2. Section 2331 of the Family Code is amended to read:2331. (a) A copy of the petition, together with a copy of a summons, in form and content approved by the Judicial Council Council, shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.(b) If the parties file a joint petition and joint summons, in a form and content approved by the Judicial Council, the joint petition shall be deemed to be served on both parties upon the filing of the joint petition with the court.SEC. 3. Section 2342 of the Family Code is amended to read:2342. Where a joint petition for summary dissolution under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding pursuant to Section 2330 within 90 days from the date of the filing of the revocation, the date the judgment becomes a final judgment under Section 2339 shall be calculated by deducting the period of time which that has elapsed from the date of filing the joint petition to the date of filing the revocation.SEC. 4. Section 2342.5 is added to the Family Code, to read:2342.5. (a) If parties file a joint petition and joint summons, either joint petitioner may elect to file an amended petition at any time, without leave of court, in form and content approved by the Judicial Council.(b) (1) If either party is served with an amended petition, the party served shall, within 30 days, serve and file a response, in form and content approved by the Judicial Council, in accordance with Section 2020.(2) The party who first files an amended petition shall be deemed petitioner, and the party that first files a response shall be deemed respondent.(c) If either party files a request for order or request for trial setting with the court, that party shall file an amended petition or amended response on or before making the request.(d) Either party may file formal discovery pursuant to the Code of Civil Procedure, under the joint petition process, without the need to file an amended petition or response.(e) (1) Filing an amended petition does not extend the six-month time period for eligibility for divorce under subdivision (a) of Section 2339, which shall be based upon the date that the joint petition was filed.(2) The automatic temporary restraining orders pursuant to the joint summons shall remain in full force and effect regardless of whether an amended petition is filed.(3) The automatic temporary restraining orders shall remain in effect until a judgment is entered in this proceeding or the proceeding is dismissed.(f) Any reference in Division 6 (commencing with Section 2000) of this code to a petition for dissolution of marriage, nullity of marriage, or legal separation of the parties is deemed to include and apply to a joint petition for dissolution of marriage, nullity of marriage or legal separation of the parties unless otherwise provided for by this section, in which case the provisions of this section shall supersede.(g) The filing of a joint petition shall be accompanied by the fees provided in subdivisions (b) and (d) of Section 70670 of the Government Code and the supplemental fees provided in Sections 70602.5 and 70602.6 of the Government Code unless both parties have been granted a fee waiver pursuant to Section 68632 of the Government Code.(h) The Judicial Council shall adopt or amend any rules or forms necessary to implement this section on or before January 1, 2026.(i) This section shall become operative on January 1, 2026.SEC. 5. Section 2401 of the Family Code is amended to read:2401. (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council.(b) The petition shall be signed under oath by both spouses, spouses and shall include all of the following:(1) A statement that as of the date of the filing of the joint petition all of the conditions set forth in Section 2400 have been met.(2) The mailing address of each spouse.(3) A statement whether a spouse elects to have his or her their former name restored, restored and, if so, the name to be restored.SEC. 6. Section 2402 of the Family Code is amended to read:2402. (a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter.(b) The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a notice of revocation in such the form and content as shall be prescribed by the Judicial Council.(c) The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at the other partys last known address.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1427Introduced by Senator AllenFebruary 16, 2024 An act to amend Sections 2330, 2331, 2342, 2401, and 2402 of, and to add Section 2342.5 to, the Family Code, relating to marriage.LEGISLATIVE COUNSEL'S DIGESTSB 1427, as introduced, Allen. Marriage: joint petition for dissolution of marriage.Existing law requires a proceeding for dissolution of marriage or for legal separation of the parties to be commenced by filing a petition containing specific information, including the date of marriage and the date of separation. Existing law requires a party to serve a copy of the petition with a copy of a summons upon the other party and requires the other party to respond in a specified time and manner.Existing law requires a proceeding for summary dissolution of marriage, which can only be used in specified limited situations, to be commenced by filing a joint petition, as prescribed. A joint petition does not require service or response. Existing law authorizes a party to a marriage to revoke a joint petition for summary dissolution and terminate the proceeding, as specified.This bill would, commencing January 1, 2026, establish a process by which parties to a marriage that does not meet the requirements for summary dissolution may file a joint petition for dissolution of marriage or for legal separation, as specified. Among other things, the bill would require parties in a joint petition proceeding for dissolution of marriage or for legal separation to provide specific facts, including the age and date of birth of each child of the marriage, if any. The bill would, upon the filing of a joint petition with the court in a form approved by the Judicial Council, deem that the joint petition was served on both parties.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1427
Introduced by Senator AllenFebruary 16, 2024
Introduced by Senator Allen
February 16, 2024
An act to amend Sections 2330, 2331, 2342, 2401, and 2402 of, and to add Section 2342.5 to, the Family Code, relating to marriage.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1427, as introduced, Allen. Marriage: joint petition for dissolution of marriage.
Existing law requires a proceeding for dissolution of marriage or for legal separation of the parties to be commenced by filing a petition containing specific information, including the date of marriage and the date of separation. Existing law requires a party to serve a copy of the petition with a copy of a summons upon the other party and requires the other party to respond in a specified time and manner.Existing law requires a proceeding for summary dissolution of marriage, which can only be used in specified limited situations, to be commenced by filing a joint petition, as prescribed. A joint petition does not require service or response. Existing law authorizes a party to a marriage to revoke a joint petition for summary dissolution and terminate the proceeding, as specified.This bill would, commencing January 1, 2026, establish a process by which parties to a marriage that does not meet the requirements for summary dissolution may file a joint petition for dissolution of marriage or for legal separation, as specified. Among other things, the bill would require parties in a joint petition proceeding for dissolution of marriage or for legal separation to provide specific facts, including the age and date of birth of each child of the marriage, if any. The bill would, upon the filing of a joint petition with the court in a form approved by the Judicial Council, deem that the joint petition was served on both parties.
Existing law requires a proceeding for dissolution of marriage or for legal separation of the parties to be commenced by filing a petition containing specific information, including the date of marriage and the date of separation. Existing law requires a party to serve a copy of the petition with a copy of a summons upon the other party and requires the other party to respond in a specified time and manner.
Existing law requires a proceeding for summary dissolution of marriage, which can only be used in specified limited situations, to be commenced by filing a joint petition, as prescribed. A joint petition does not require service or response. Existing law authorizes a party to a marriage to revoke a joint petition for summary dissolution and terminate the proceeding, as specified.
This bill would, commencing January 1, 2026, establish a process by which parties to a marriage that does not meet the requirements for summary dissolution may file a joint petition for dissolution of marriage or for legal separation, as specified. Among other things, the bill would require parties in a joint petition proceeding for dissolution of marriage or for legal separation to provide specific facts, including the age and date of birth of each child of the marriage, if any. The bill would, upon the filing of a joint petition with the court in a form approved by the Judicial Council, deem that the joint petition was served on both parties.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2330 of the Family Code is amended to read:2330. (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition or joint petition entitled In re the marriage of ____ and ____ ____, which shall state whether it is a petition for dissolution of the marriage or for legal separation of the parties.(b) In a proceeding for dissolution of marriage or for legal separation of the parties, the petition shall set forth forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of marriage.(2) The date of separation.(3) The number of years from marriage to separation.(4) The number of children of the marriage, if any, and if none a statement of that fact.(5) The age and birth date of each minor child of the marriage.(c) In a joint petition proceeding for dissolution of marriage or for legal separation of the parties, the joint petition shall set forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of the marriage.(2) (A) If there are children of the marriage, all of the following information:(i) The number of children.(ii) The age of each child.(iii) The date of birth of each child.(B) If there are no children of the marriage, a statement of that fact.(3) A list of issues upon which the parties intend to resolve by agreement, including, but not limited to, all of the following:(A) The legal grounds for divorce, dissolution, or legal separation.(B) The date of separation.(C) Child custody.(D) Spousal support or domestic partner support.(E) Separate property.(F) Community and quasi-community property.(G) Restoration of former name.(H) Attorneys fees and costs.SEC. 2. Section 2331 of the Family Code is amended to read:2331. (a) A copy of the petition, together with a copy of a summons, in form and content approved by the Judicial Council Council, shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.(b) If the parties file a joint petition and joint summons, in a form and content approved by the Judicial Council, the joint petition shall be deemed to be served on both parties upon the filing of the joint petition with the court.SEC. 3. Section 2342 of the Family Code is amended to read:2342. Where a joint petition for summary dissolution under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding pursuant to Section 2330 within 90 days from the date of the filing of the revocation, the date the judgment becomes a final judgment under Section 2339 shall be calculated by deducting the period of time which that has elapsed from the date of filing the joint petition to the date of filing the revocation.SEC. 4. Section 2342.5 is added to the Family Code, to read:2342.5. (a) If parties file a joint petition and joint summons, either joint petitioner may elect to file an amended petition at any time, without leave of court, in form and content approved by the Judicial Council.(b) (1) If either party is served with an amended petition, the party served shall, within 30 days, serve and file a response, in form and content approved by the Judicial Council, in accordance with Section 2020.(2) The party who first files an amended petition shall be deemed petitioner, and the party that first files a response shall be deemed respondent.(c) If either party files a request for order or request for trial setting with the court, that party shall file an amended petition or amended response on or before making the request.(d) Either party may file formal discovery pursuant to the Code of Civil Procedure, under the joint petition process, without the need to file an amended petition or response.(e) (1) Filing an amended petition does not extend the six-month time period for eligibility for divorce under subdivision (a) of Section 2339, which shall be based upon the date that the joint petition was filed.(2) The automatic temporary restraining orders pursuant to the joint summons shall remain in full force and effect regardless of whether an amended petition is filed.(3) The automatic temporary restraining orders shall remain in effect until a judgment is entered in this proceeding or the proceeding is dismissed.(f) Any reference in Division 6 (commencing with Section 2000) of this code to a petition for dissolution of marriage, nullity of marriage, or legal separation of the parties is deemed to include and apply to a joint petition for dissolution of marriage, nullity of marriage or legal separation of the parties unless otherwise provided for by this section, in which case the provisions of this section shall supersede.(g) The filing of a joint petition shall be accompanied by the fees provided in subdivisions (b) and (d) of Section 70670 of the Government Code and the supplemental fees provided in Sections 70602.5 and 70602.6 of the Government Code unless both parties have been granted a fee waiver pursuant to Section 68632 of the Government Code.(h) The Judicial Council shall adopt or amend any rules or forms necessary to implement this section on or before January 1, 2026.(i) This section shall become operative on January 1, 2026.SEC. 5. Section 2401 of the Family Code is amended to read:2401. (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council.(b) The petition shall be signed under oath by both spouses, spouses and shall include all of the following:(1) A statement that as of the date of the filing of the joint petition all of the conditions set forth in Section 2400 have been met.(2) The mailing address of each spouse.(3) A statement whether a spouse elects to have his or her their former name restored, restored and, if so, the name to be restored.SEC. 6. Section 2402 of the Family Code is amended to read:2402. (a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter.(b) The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a notice of revocation in such the form and content as shall be prescribed by the Judicial Council.(c) The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at the other partys last known address.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2330 of the Family Code is amended to read:2330. (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition or joint petition entitled In re the marriage of ____ and ____ ____, which shall state whether it is a petition for dissolution of the marriage or for legal separation of the parties.(b) In a proceeding for dissolution of marriage or for legal separation of the parties, the petition shall set forth forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of marriage.(2) The date of separation.(3) The number of years from marriage to separation.(4) The number of children of the marriage, if any, and if none a statement of that fact.(5) The age and birth date of each minor child of the marriage.(c) In a joint petition proceeding for dissolution of marriage or for legal separation of the parties, the joint petition shall set forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of the marriage.(2) (A) If there are children of the marriage, all of the following information:(i) The number of children.(ii) The age of each child.(iii) The date of birth of each child.(B) If there are no children of the marriage, a statement of that fact.(3) A list of issues upon which the parties intend to resolve by agreement, including, but not limited to, all of the following:(A) The legal grounds for divorce, dissolution, or legal separation.(B) The date of separation.(C) Child custody.(D) Spousal support or domestic partner support.(E) Separate property.(F) Community and quasi-community property.(G) Restoration of former name.(H) Attorneys fees and costs.
SECTION 1. Section 2330 of the Family Code is amended to read:
### SECTION 1.
2330. (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition or joint petition entitled In re the marriage of ____ and ____ ____, which shall state whether it is a petition for dissolution of the marriage or for legal separation of the parties.(b) In a proceeding for dissolution of marriage or for legal separation of the parties, the petition shall set forth forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of marriage.(2) The date of separation.(3) The number of years from marriage to separation.(4) The number of children of the marriage, if any, and if none a statement of that fact.(5) The age and birth date of each minor child of the marriage.(c) In a joint petition proceeding for dissolution of marriage or for legal separation of the parties, the joint petition shall set forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of the marriage.(2) (A) If there are children of the marriage, all of the following information:(i) The number of children.(ii) The age of each child.(iii) The date of birth of each child.(B) If there are no children of the marriage, a statement of that fact.(3) A list of issues upon which the parties intend to resolve by agreement, including, but not limited to, all of the following:(A) The legal grounds for divorce, dissolution, or legal separation.(B) The date of separation.(C) Child custody.(D) Spousal support or domestic partner support.(E) Separate property.(F) Community and quasi-community property.(G) Restoration of former name.(H) Attorneys fees and costs.
2330. (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition or joint petition entitled In re the marriage of ____ and ____ ____, which shall state whether it is a petition for dissolution of the marriage or for legal separation of the parties.(b) In a proceeding for dissolution of marriage or for legal separation of the parties, the petition shall set forth forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of marriage.(2) The date of separation.(3) The number of years from marriage to separation.(4) The number of children of the marriage, if any, and if none a statement of that fact.(5) The age and birth date of each minor child of the marriage.(c) In a joint petition proceeding for dissolution of marriage or for legal separation of the parties, the joint petition shall set forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of the marriage.(2) (A) If there are children of the marriage, all of the following information:(i) The number of children.(ii) The age of each child.(iii) The date of birth of each child.(B) If there are no children of the marriage, a statement of that fact.(3) A list of issues upon which the parties intend to resolve by agreement, including, but not limited to, all of the following:(A) The legal grounds for divorce, dissolution, or legal separation.(B) The date of separation.(C) Child custody.(D) Spousal support or domestic partner support.(E) Separate property.(F) Community and quasi-community property.(G) Restoration of former name.(H) Attorneys fees and costs.
2330. (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition or joint petition entitled In re the marriage of ____ and ____ ____, which shall state whether it is a petition for dissolution of the marriage or for legal separation of the parties.(b) In a proceeding for dissolution of marriage or for legal separation of the parties, the petition shall set forth forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of marriage.(2) The date of separation.(3) The number of years from marriage to separation.(4) The number of children of the marriage, if any, and if none a statement of that fact.(5) The age and birth date of each minor child of the marriage.(c) In a joint petition proceeding for dissolution of marriage or for legal separation of the parties, the joint petition shall set forth, among other matters, as nearly as can be ascertained, the following facts:(1) The date of the marriage.(2) (A) If there are children of the marriage, all of the following information:(i) The number of children.(ii) The age of each child.(iii) The date of birth of each child.(B) If there are no children of the marriage, a statement of that fact.(3) A list of issues upon which the parties intend to resolve by agreement, including, but not limited to, all of the following:(A) The legal grounds for divorce, dissolution, or legal separation.(B) The date of separation.(C) Child custody.(D) Spousal support or domestic partner support.(E) Separate property.(F) Community and quasi-community property.(G) Restoration of former name.(H) Attorneys fees and costs.
2330. (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition or joint petition entitled In re the marriage of ____ and ____ ____, which shall state whether it is a petition for dissolution of the marriage or for legal separation of the parties.
(b) In a proceeding for dissolution of marriage or for legal separation of the parties, the petition shall set forth forth, among other matters, as nearly as can be ascertained, the following facts:
(1) The date of marriage.
(2) The date of separation.
(3) The number of years from marriage to separation.
(4) The number of children of the marriage, if any, and if none a statement of that fact.
(5) The age and birth date of each minor child of the marriage.
(c) In a joint petition proceeding for dissolution of marriage or for legal separation of the parties, the joint petition shall set forth, among other matters, as nearly as can be ascertained, the following facts:
(1) The date of the marriage.
(2) (A) If there are children of the marriage, all of the following information:
(i) The number of children.
(ii) The age of each child.
(iii) The date of birth of each child.
(B) If there are no children of the marriage, a statement of that fact.
(3) A list of issues upon which the parties intend to resolve by agreement, including, but not limited to, all of the following:
(A) The legal grounds for divorce, dissolution, or legal separation.
(B) The date of separation.
(C) Child custody.
(D) Spousal support or domestic partner support.
(E) Separate property.
(F) Community and quasi-community property.
(G) Restoration of former name.
(H) Attorneys fees and costs.
SEC. 2. Section 2331 of the Family Code is amended to read:2331. (a) A copy of the petition, together with a copy of a summons, in form and content approved by the Judicial Council Council, shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.(b) If the parties file a joint petition and joint summons, in a form and content approved by the Judicial Council, the joint petition shall be deemed to be served on both parties upon the filing of the joint petition with the court.
SEC. 2. Section 2331 of the Family Code is amended to read:
### SEC. 2.
2331. (a) A copy of the petition, together with a copy of a summons, in form and content approved by the Judicial Council Council, shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.(b) If the parties file a joint petition and joint summons, in a form and content approved by the Judicial Council, the joint petition shall be deemed to be served on both parties upon the filing of the joint petition with the court.
2331. (a) A copy of the petition, together with a copy of a summons, in form and content approved by the Judicial Council Council, shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.(b) If the parties file a joint petition and joint summons, in a form and content approved by the Judicial Council, the joint petition shall be deemed to be served on both parties upon the filing of the joint petition with the court.
2331. (a) A copy of the petition, together with a copy of a summons, in form and content approved by the Judicial Council Council, shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.(b) If the parties file a joint petition and joint summons, in a form and content approved by the Judicial Council, the joint petition shall be deemed to be served on both parties upon the filing of the joint petition with the court.
2331. (a) A copy of the petition, together with a copy of a summons, in form and content approved by the Judicial Council Council, shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.
(b) If the parties file a joint petition and joint summons, in a form and content approved by the Judicial Council, the joint petition shall be deemed to be served on both parties upon the filing of the joint petition with the court.
SEC. 3. Section 2342 of the Family Code is amended to read:2342. Where a joint petition for summary dissolution under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding pursuant to Section 2330 within 90 days from the date of the filing of the revocation, the date the judgment becomes a final judgment under Section 2339 shall be calculated by deducting the period of time which that has elapsed from the date of filing the joint petition to the date of filing the revocation.
SEC. 3. Section 2342 of the Family Code is amended to read:
### SEC. 3.
2342. Where a joint petition for summary dissolution under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding pursuant to Section 2330 within 90 days from the date of the filing of the revocation, the date the judgment becomes a final judgment under Section 2339 shall be calculated by deducting the period of time which that has elapsed from the date of filing the joint petition to the date of filing the revocation.
2342. Where a joint petition for summary dissolution under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding pursuant to Section 2330 within 90 days from the date of the filing of the revocation, the date the judgment becomes a final judgment under Section 2339 shall be calculated by deducting the period of time which that has elapsed from the date of filing the joint petition to the date of filing the revocation.
2342. Where a joint petition for summary dissolution under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding pursuant to Section 2330 within 90 days from the date of the filing of the revocation, the date the judgment becomes a final judgment under Section 2339 shall be calculated by deducting the period of time which that has elapsed from the date of filing the joint petition to the date of filing the revocation.
2342. Where a joint petition for summary dissolution under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding pursuant to Section 2330 within 90 days from the date of the filing of the revocation, the date the judgment becomes a final judgment under Section 2339 shall be calculated by deducting the period of time which that has elapsed from the date of filing the joint petition to the date of filing the revocation.
SEC. 4. Section 2342.5 is added to the Family Code, to read:2342.5. (a) If parties file a joint petition and joint summons, either joint petitioner may elect to file an amended petition at any time, without leave of court, in form and content approved by the Judicial Council.(b) (1) If either party is served with an amended petition, the party served shall, within 30 days, serve and file a response, in form and content approved by the Judicial Council, in accordance with Section 2020.(2) The party who first files an amended petition shall be deemed petitioner, and the party that first files a response shall be deemed respondent.(c) If either party files a request for order or request for trial setting with the court, that party shall file an amended petition or amended response on or before making the request.(d) Either party may file formal discovery pursuant to the Code of Civil Procedure, under the joint petition process, without the need to file an amended petition or response.(e) (1) Filing an amended petition does not extend the six-month time period for eligibility for divorce under subdivision (a) of Section 2339, which shall be based upon the date that the joint petition was filed.(2) The automatic temporary restraining orders pursuant to the joint summons shall remain in full force and effect regardless of whether an amended petition is filed.(3) The automatic temporary restraining orders shall remain in effect until a judgment is entered in this proceeding or the proceeding is dismissed.(f) Any reference in Division 6 (commencing with Section 2000) of this code to a petition for dissolution of marriage, nullity of marriage, or legal separation of the parties is deemed to include and apply to a joint petition for dissolution of marriage, nullity of marriage or legal separation of the parties unless otherwise provided for by this section, in which case the provisions of this section shall supersede.(g) The filing of a joint petition shall be accompanied by the fees provided in subdivisions (b) and (d) of Section 70670 of the Government Code and the supplemental fees provided in Sections 70602.5 and 70602.6 of the Government Code unless both parties have been granted a fee waiver pursuant to Section 68632 of the Government Code.(h) The Judicial Council shall adopt or amend any rules or forms necessary to implement this section on or before January 1, 2026.(i) This section shall become operative on January 1, 2026.
SEC. 4. Section 2342.5 is added to the Family Code, to read:
### SEC. 4.
2342.5. (a) If parties file a joint petition and joint summons, either joint petitioner may elect to file an amended petition at any time, without leave of court, in form and content approved by the Judicial Council.(b) (1) If either party is served with an amended petition, the party served shall, within 30 days, serve and file a response, in form and content approved by the Judicial Council, in accordance with Section 2020.(2) The party who first files an amended petition shall be deemed petitioner, and the party that first files a response shall be deemed respondent.(c) If either party files a request for order or request for trial setting with the court, that party shall file an amended petition or amended response on or before making the request.(d) Either party may file formal discovery pursuant to the Code of Civil Procedure, under the joint petition process, without the need to file an amended petition or response.(e) (1) Filing an amended petition does not extend the six-month time period for eligibility for divorce under subdivision (a) of Section 2339, which shall be based upon the date that the joint petition was filed.(2) The automatic temporary restraining orders pursuant to the joint summons shall remain in full force and effect regardless of whether an amended petition is filed.(3) The automatic temporary restraining orders shall remain in effect until a judgment is entered in this proceeding or the proceeding is dismissed.(f) Any reference in Division 6 (commencing with Section 2000) of this code to a petition for dissolution of marriage, nullity of marriage, or legal separation of the parties is deemed to include and apply to a joint petition for dissolution of marriage, nullity of marriage or legal separation of the parties unless otherwise provided for by this section, in which case the provisions of this section shall supersede.(g) The filing of a joint petition shall be accompanied by the fees provided in subdivisions (b) and (d) of Section 70670 of the Government Code and the supplemental fees provided in Sections 70602.5 and 70602.6 of the Government Code unless both parties have been granted a fee waiver pursuant to Section 68632 of the Government Code.(h) The Judicial Council shall adopt or amend any rules or forms necessary to implement this section on or before January 1, 2026.(i) This section shall become operative on January 1, 2026.
2342.5. (a) If parties file a joint petition and joint summons, either joint petitioner may elect to file an amended petition at any time, without leave of court, in form and content approved by the Judicial Council.(b) (1) If either party is served with an amended petition, the party served shall, within 30 days, serve and file a response, in form and content approved by the Judicial Council, in accordance with Section 2020.(2) The party who first files an amended petition shall be deemed petitioner, and the party that first files a response shall be deemed respondent.(c) If either party files a request for order or request for trial setting with the court, that party shall file an amended petition or amended response on or before making the request.(d) Either party may file formal discovery pursuant to the Code of Civil Procedure, under the joint petition process, without the need to file an amended petition or response.(e) (1) Filing an amended petition does not extend the six-month time period for eligibility for divorce under subdivision (a) of Section 2339, which shall be based upon the date that the joint petition was filed.(2) The automatic temporary restraining orders pursuant to the joint summons shall remain in full force and effect regardless of whether an amended petition is filed.(3) The automatic temporary restraining orders shall remain in effect until a judgment is entered in this proceeding or the proceeding is dismissed.(f) Any reference in Division 6 (commencing with Section 2000) of this code to a petition for dissolution of marriage, nullity of marriage, or legal separation of the parties is deemed to include and apply to a joint petition for dissolution of marriage, nullity of marriage or legal separation of the parties unless otherwise provided for by this section, in which case the provisions of this section shall supersede.(g) The filing of a joint petition shall be accompanied by the fees provided in subdivisions (b) and (d) of Section 70670 of the Government Code and the supplemental fees provided in Sections 70602.5 and 70602.6 of the Government Code unless both parties have been granted a fee waiver pursuant to Section 68632 of the Government Code.(h) The Judicial Council shall adopt or amend any rules or forms necessary to implement this section on or before January 1, 2026.(i) This section shall become operative on January 1, 2026.
2342.5. (a) If parties file a joint petition and joint summons, either joint petitioner may elect to file an amended petition at any time, without leave of court, in form and content approved by the Judicial Council.(b) (1) If either party is served with an amended petition, the party served shall, within 30 days, serve and file a response, in form and content approved by the Judicial Council, in accordance with Section 2020.(2) The party who first files an amended petition shall be deemed petitioner, and the party that first files a response shall be deemed respondent.(c) If either party files a request for order or request for trial setting with the court, that party shall file an amended petition or amended response on or before making the request.(d) Either party may file formal discovery pursuant to the Code of Civil Procedure, under the joint petition process, without the need to file an amended petition or response.(e) (1) Filing an amended petition does not extend the six-month time period for eligibility for divorce under subdivision (a) of Section 2339, which shall be based upon the date that the joint petition was filed.(2) The automatic temporary restraining orders pursuant to the joint summons shall remain in full force and effect regardless of whether an amended petition is filed.(3) The automatic temporary restraining orders shall remain in effect until a judgment is entered in this proceeding or the proceeding is dismissed.(f) Any reference in Division 6 (commencing with Section 2000) of this code to a petition for dissolution of marriage, nullity of marriage, or legal separation of the parties is deemed to include and apply to a joint petition for dissolution of marriage, nullity of marriage or legal separation of the parties unless otherwise provided for by this section, in which case the provisions of this section shall supersede.(g) The filing of a joint petition shall be accompanied by the fees provided in subdivisions (b) and (d) of Section 70670 of the Government Code and the supplemental fees provided in Sections 70602.5 and 70602.6 of the Government Code unless both parties have been granted a fee waiver pursuant to Section 68632 of the Government Code.(h) The Judicial Council shall adopt or amend any rules or forms necessary to implement this section on or before January 1, 2026.(i) This section shall become operative on January 1, 2026.
2342.5. (a) If parties file a joint petition and joint summons, either joint petitioner may elect to file an amended petition at any time, without leave of court, in form and content approved by the Judicial Council.
(b) (1) If either party is served with an amended petition, the party served shall, within 30 days, serve and file a response, in form and content approved by the Judicial Council, in accordance with Section 2020.
(2) The party who first files an amended petition shall be deemed petitioner, and the party that first files a response shall be deemed respondent.
(c) If either party files a request for order or request for trial setting with the court, that party shall file an amended petition or amended response on or before making the request.
(d) Either party may file formal discovery pursuant to the Code of Civil Procedure, under the joint petition process, without the need to file an amended petition or response.
(e) (1) Filing an amended petition does not extend the six-month time period for eligibility for divorce under subdivision (a) of Section 2339, which shall be based upon the date that the joint petition was filed.
(2) The automatic temporary restraining orders pursuant to the joint summons shall remain in full force and effect regardless of whether an amended petition is filed.
(3) The automatic temporary restraining orders shall remain in effect until a judgment is entered in this proceeding or the proceeding is dismissed.
(f) Any reference in Division 6 (commencing with Section 2000) of this code to a petition for dissolution of marriage, nullity of marriage, or legal separation of the parties is deemed to include and apply to a joint petition for dissolution of marriage, nullity of marriage or legal separation of the parties unless otherwise provided for by this section, in which case the provisions of this section shall supersede.
(g) The filing of a joint petition shall be accompanied by the fees provided in subdivisions (b) and (d) of Section 70670 of the Government Code and the supplemental fees provided in Sections 70602.5 and 70602.6 of the Government Code unless both parties have been granted a fee waiver pursuant to Section 68632 of the Government Code.
(h) The Judicial Council shall adopt or amend any rules or forms necessary to implement this section on or before January 1, 2026.
(i) This section shall become operative on January 1, 2026.
SEC. 5. Section 2401 of the Family Code is amended to read:2401. (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council.(b) The petition shall be signed under oath by both spouses, spouses and shall include all of the following:(1) A statement that as of the date of the filing of the joint petition all of the conditions set forth in Section 2400 have been met.(2) The mailing address of each spouse.(3) A statement whether a spouse elects to have his or her their former name restored, restored and, if so, the name to be restored.
SEC. 5. Section 2401 of the Family Code is amended to read:
### SEC. 5.
2401. (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council.(b) The petition shall be signed under oath by both spouses, spouses and shall include all of the following:(1) A statement that as of the date of the filing of the joint petition all of the conditions set forth in Section 2400 have been met.(2) The mailing address of each spouse.(3) A statement whether a spouse elects to have his or her their former name restored, restored and, if so, the name to be restored.
2401. (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council.(b) The petition shall be signed under oath by both spouses, spouses and shall include all of the following:(1) A statement that as of the date of the filing of the joint petition all of the conditions set forth in Section 2400 have been met.(2) The mailing address of each spouse.(3) A statement whether a spouse elects to have his or her their former name restored, restored and, if so, the name to be restored.
2401. (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council.(b) The petition shall be signed under oath by both spouses, spouses and shall include all of the following:(1) A statement that as of the date of the filing of the joint petition all of the conditions set forth in Section 2400 have been met.(2) The mailing address of each spouse.(3) A statement whether a spouse elects to have his or her their former name restored, restored and, if so, the name to be restored.
2401. (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council.
(b) The petition shall be signed under oath by both spouses, spouses and shall include all of the following:
(1) A statement that as of the date of the filing of the joint petition all of the conditions set forth in Section 2400 have been met.
(2) The mailing address of each spouse.
(3) A statement whether a spouse elects to have his or her their former name restored, restored and, if so, the name to be restored.
SEC. 6. Section 2402 of the Family Code is amended to read:2402. (a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter.(b) The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a notice of revocation in such the form and content as shall be prescribed by the Judicial Council.(c) The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at the other partys last known address.
SEC. 6. Section 2402 of the Family Code is amended to read:
### SEC. 6.
2402. (a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter.(b) The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a notice of revocation in such the form and content as shall be prescribed by the Judicial Council.(c) The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at the other partys last known address.
2402. (a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter.(b) The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a notice of revocation in such the form and content as shall be prescribed by the Judicial Council.(c) The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at the other partys last known address.
2402. (a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter.(b) The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a notice of revocation in such the form and content as shall be prescribed by the Judicial Council.(c) The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at the other partys last known address.
2402. (a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter.
(b) The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a notice of revocation in such the form and content as shall be prescribed by the Judicial Council.
(c) The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at the other partys last known address.