California expands low-cost divorce option to more couples, particularly those with children

Karen Garcia, Los Angeles Times on Dec 31, 2025

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Deciding to end a marriage can be difficult, painful and expensive, but the state is giving more couples who choose to amicably call it quits access to a low-cost divorce option.

The average cost of a California divorce is about $17,500, due to court filings, proceedings and attorney fees. That's about $2,500 higher than the national average.

But for $435, more California couples can avoid the onerous legal separation process and begin divorce proceedings in a more streamlined way.

The option is made possible by Senate Bill 1427, which becomes law Thursday.

Signed by Gov. Gavin Newsom, the law expands what's called a joint petition for summary dissolution to more couples, particularly those with children, who agree on terms in advance and meet certain requirements.

This process allows both parties in the divorce to reduce processing times and legal costs when each spouse files separately, according to a news release from Los Angeles County Superior Court.

What the new law does

Prior to SB 1427, a joint petition was permitted for couples who were married less than five years; 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.

The law also applied to same-sex couples who married in California but were not residents.

The new law allows parties who do not meet these requirements to file a petition for dissolution or legal separation, as long as they meet certain requirement.

The major change in the prior limitations is a couple seeking to separate who has children can now file the joint petition.

The new law also requires the couple to agree on the terms of their separation, including property, support and child-related matters.

Those who choose the option must provide the following information:

•The number of children born during the marriage, their ages and dates of birth.

•A list of issues 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.

Divorce rates are on the decline

Though there's been a slight uptick in those over 50, divorce has been in decline nationwide since the early 1980s, according to the Pew Research Center. About a third of Americans who have ever been married are divorced.

California's rate is lower than the national average. In 2023, nearly 75 of every 1,000 Californians were divorced — a rate of about 7.45%, according to the American Society for the Positive Care of Children, a nonprofit.

Pew found that adults with higher education are more likely to get married in the first place and less likely to divorce. Others are opting for cohabitation or staying single.

Ann Gold Buscho, a licensed clinical psychologist, argues there are seven top reasons why people choose not to divorce. One is not being able to afford it.