Joint Divorce With Children in California

A common myth about California's joint petition is that it's only for simple, childless divorces. That was true of the old Summary Dissolution, but SB 1427 removed that limit. As of January 1, 2026, you can file a joint petition even if you have minor children — a long-term marriage, a house, and kids no longer disqualify you.

Filing together with children just means a few extra forms and one extra priority: the court's focus on the children's best interest.

Yes — the joint petition covers families

Before 2026, couples with children were pushed into the traditional petition-and-response process. Now, parents who agree can file the FL-700 Joint Petition together, skip service of process entirely, and set a collaborative tone from day one — which matters a great deal when you'll be co-parenting for years.

The extra forms when you have minor children

On top of the standard FL-700 and FL-710, a joint petition involving children under 18 typically adds:

• FL-105 (UCCJEA) — the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act. It tells the court where the children have lived so California can confirm it has jurisdiction over custody. This form is required whenever minor children are involved.
• A custody and visitation order (FL-341) — the parenting plan the court will adopt: legal custody, physical custody, and a visitation schedule.
• A child-support order — California calculates support against a statewide guideline based on both parents' incomes and timeshare. Even when you agree, the court reviews the number against the guideline.

MutualFile detects that your case has children and adds these forms automatically, so you're not guessing which attachments the judge expects.

Custody and support still have to be right

The joint petition makes filing collaborative, but it doesn't lower the bar on children's issues. The court will still:

• Confirm the parenting plan serves the children's best interest
• Check child support against the guideline calculation
• Require complete financial disclosures from both parents — income is what drives support

This is the most common place a family's judgment gets delayed: a parenting plan or support number that doesn't line up with the forms. Getting it consistent the first time is what keeps your case moving.

How the timeline works with kids

The process mirrors a childless joint petition, with the child forms folded in:

1. Both parents complete the FL-700, FL-710, and FL-105 (UCCJEA).
2. You file together — the six-month clock starts immediately, and the automatic restraining orders (including the rule against moving the children out of state without consent) take effect.
3. You exchange financial disclosures and agree on a parenting plan and support.
4. You complete the final judgment — the FL-180, your agreement, the FL-190, plus the custody (FL-341) and child-support attachments.

When a joint petition is not right for a family

Filing together only works when both parents genuinely cooperate. If there is domestic violence, coercion, or a serious custody dispute, do not use the joint petition — those situations call for the traditional process and often a family-law attorney or a protective order. MutualFile will tell you directly if your case isn't a good fit.

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

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