FL-700 vs. FL-100: Joint Petition or Traditional Divorce?

Since January 1, 2026, California couples have a real choice about how to start a divorce. You can file the traditional way with Form FL-100 (Petition), or file together with Form FL-700 (Joint Petition) under SB 1427. They lead to the same place — a final judgment ending the marriage — but the path, the tone, and the paperwork differ.

Here's how to decide.

The core difference

The FL-100 is filed by one spouse against the other: a petitioner sues, a respondent responds. The FL-700 is filed by both spouses together as equals — Petitioner 1 and Petitioner 2 — with no one being sued and no one being served.

Side by side

| | FL-100 (Traditional Petition) | FL-700 (Joint Petition) | |---|---|---| | Who files | One spouse | Both spouses together | | Roles | Petitioner vs. Respondent | Petitioner 1 & Petitioner 2 — equals | | Companion summons | FL-110, which must be served | FL-710, filed but never served | | Service of process | Required — process server or sheriff, plus proof of service | None — filing together replaces service | | 6-month clock starts | When the respondent is served | The day you file | | Restraining orders apply | Petitioner on filing, respondent on service | Both spouses immediately on filing | | Service cost | Process-server/sheriff fees | $0 — no service | | If cooperation breaks down | Already adversarial | Either spouse can revoke (FL-720) and revert | | Available | Always | Since Jan 1, 2026 |

When the FL-700 (joint petition) is the better choice

Choose the joint petition when:

• You both agree the marriage should end. The whole model assumes cooperation.
• You want to skip service. No process server, no sheriff, no proof of service, no service delays.
• You want the clock to start sooner. The six-month waiting period begins the day you file, not weeks later after service.
• You want a collaborative tone. No one is labeled "respondent" or "sued."

When the FL-100 (traditional) still makes sense

Stick with the traditional petition when:

• Your spouse won't participate — you can't file a joint petition without both signatures.
• You can't locate your spouse, or they refuse to sign.
• There's conflict or safety risk. If there's any history of domestic violence or coercion, the collaborative joint-petition model is not appropriate — a traditional (or protective) path is safer.
• You need the court involved early to resolve a dispute you can't settle by agreement.

You're not locked in

One of the best features of the joint petition is the exit. If you start with the FL-700 and cooperation later breaks down, either spouse can file the FL-720 Notice of Revocation. The case converts to a traditional filing without losing your original filing date or waiting-period progress — so choosing the joint petition first is genuinely low-risk.

Cost comparison

Both paths pay the court's first-appearance fees for both spouses (see the full FL-700 cost breakdown). The difference is the extras: a traditional filing typically adds service costs, while the joint petition avoids them. Preparation with MutualFile starts at $199 either way, and you file the finished forms yourself.

Bottom line

If you both agree, the FL-700 joint petition is usually faster, cheaper, and lower-conflict. If your spouse won't cooperate or there's a safety concern, the FL-100 traditional petition is the right tool. Not sure? MutualFile helps you identify the right path before you file.

MutualFile is not a law firm and does not provide legal advice.

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