As of January 1, 2026, divorcing couples can benefit from a new California law that allows them to file a joint petition for dissolution of marriage or legal separation. Previously, only certain couples were legally permitted to file a petition for summary dissolution, but the new law opens the option to all spouses. Here’s how to file a joint petition for dissolution or legal separation in Los Angeles County under the new California law effective January 1, 2026.

Key Advantages and Differences of the New Los Angeles Legal Separation Laws

The new joint dissolution laws allow couples to legally separate without pitting spouses against each other. Rather, it encourages them to work together in addressing legal issues surrounding a separation. It serves as a much calmer solution to a traditional legal separation. The process is streamlined, as neither party is required to serve the other. By filing a joint petition, both parties are assumed to be served.

The joint dissolution process avoids the petitioner-versus-respondent language that can immediately put the respondent on the defensive. Several steps and fees associated with the traditional separation process are eliminated, making it faster and less expensive.

Although some fees and several forms are still required, the joint petition aims to be a faster way to navigate a legal separation or divorce through the busy Los Angeles Superior Court system, which serves over 10 million residents.

Requirements for Filing a Joint Petition for Legal Separation

To qualify, couples must not be eligible for a Summary Dissolution, which is for couples married less than five years, have no children, and do not have shared or separate assets valued above $57,000. A joint petition for legal separation is contingent on there being no disputes or disagreements between the spouses. If disputes arise, the case becomes a traditional legal separation case subject to the rules and procedures governing such cases.

Steps to Initiate a Legal Separation Case

The requirements for initiating a joint petition for legal separation are simplified, but they still require some effort. Court papers must be completed and filed, and specific forms must be submitted within the proper timeframe to fulfill the requirement for financial disclosure.

Next, you must both notify the court that you received the other party’s financial disclosure and then collaborate on a final agreement. In the last phase, you negotiate and draft a written marital settlement agreement that covers the date of separation, property and debt division, spousal or partner support (if any), child custody and visitation plan, and child support (if necessary). Submitting the documents within the required timeframes is critical to a successful filing.

Where to File

To file, determine which Los Angeles County Superior Court branch is in your jurisdiction. Twelve of the 38 locations hear family law cases. It is recommended that you partner with an established Los Angeles County legal separation attorney who understands the local court systems and their filing timelines.

Hire a Separation Lawyer

While this route is less adversarial, it can still be daunting for many people. It is customary and recommended that you hire a separation lawyer to help you maintain deadlines for submitting forms, draft documents, submit financial disclosures, and generally guide you through the process. A legal separation attorney can also offer essential advice on the definitive terms of your separation.

Why Choose Benefield Faulk Law – Family Law Trial Advocates P.C.?

Few family attorneys in Los Angeles County have the comprehensive and well-rounded background that a legal separation attorney from Benefield Faulk Law – Family Law Trial Advocates P.C. can offer. Finding the most ideal and practical solutions for our clients is our primary objective. We are focused on helping our clients achieve their family goals. As a result, we have effectively and successfully represented many legal separation cases using our results-oriented approach.

FAQs

How to File for Legal Separation in Los Angeles County?

To file for legal separation in Los Angeles County, as of January 1, 2026, couples can file a joint petition for a legal separation, which significantly simplifies the process when compared to that of a traditional legal separation. The new law allows couples who can agree on the terms of a legal separation to collaborate and separate or divorce in a calm and diplomatic manner.

Can You File a Joint Petition for Divorce in California?

Yes, as of January 1, 2026, California’s new law allows for the filing of a joint petition for divorce or legal separation in California. To initiate a divorce or legal separation via a joint petition, you must be in agreement regarding issues of divorce. This allows you to take the required steps and dissolve your marriage together without stress or heated disagreements.

How to Get a Legal Separation Without a Lawyer?

To get a legal separation without a lawyer, you need to have a complete understanding of the divorce process. While the internet can assist you, there are many opportunities for errors, which can delay the process and cause frustration and friction between the two parties. Even if you plan to file a joint petition for a legal separation, a legal separation attorney can still be very beneficial in facilitating an amicable legal separation.

Does a Separation Agreement Have to Be Filed in Court in California?

Yes, a separation agreement has to be filed in court in California for it to be a legal separation. It is required that you file a separation agreement with the court in California if you expect to receive an official judgment of legal separation. The process for an amicable legal separation has been simplified, with the option to file a petition for legal separation effective January 1, 2026.

Reach Out to a Compassionate and Experienced Los Angeles Legal Separation Attorney

If you’re wondering how to file a joint petition for dissolution or legal separation in Los Angeles County, reach out to Benefield Faulk Law – Family Law Trial Advocates P.C. We can make it easier for everyone, and with our help, you can reach optimal resolutions that meet the needs of all parties. This is an important chapter in your life, and the way you handle it can affect your future.