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

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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.

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 requirements.

The major change in the prior limitations is that a couple seeking to separate who have 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 fo...