Family Code - FAM - FAM § 2342.5

Summary

(a) (1) If the parties file a joint petition for dissolution of marriage or for legal separation of the parties and joint summons in accordance with Sections 2330 and 2331, for identification purposes, including, but not limited to, identification on a Judicial Council form, the

Text

(a)
(1)
If the parties file a joint petition for dissolution of marriage or for legal separation of the parties and joint summons in accordance with Sections 2330 and 2331, for identification purposes, including, but not limited to, identification on a Judicial Council form, the first joint petitioner shall be deemed petitioner and the other joint petitioner shall be deemed respondent.
(2)
A joint summons shall include the temporary restraining order required by Section 2040.
(3)
Section 412.20 of the Code of Civil Procedure does not apply to a joint summons.
(b)
(1)
At any time before the entry of judgment on the joint petition, without leave of court, in a form and content approved by the Judicial Council, a petitioner may file an amended petition or the respondent may file an amended response.
(2)
(A)
If either party is served with an amended petition or amended response, the party served shall file and serve an amended petition or amended response, as applicable, within 30 days, in accordance with Section 2020, in a form and content approved by the Judicial Council.
(B)
Subject to the court’s discretion to regulate the order of proof, pursuant to Section 320 of the Evidence Code, the order of proof shall be determined by the order of
service of the amended pleadings.
(3)
If an amended petition or amended response is filed pursuant to paragraph (1), the joint petition for dissolution or for legal separation of the parties is deemed revoked and the proceeding shall proceed as a petition for dissolution or for legal separation of the parties under Section 2330. The filing date of the joint petition shall be considered the filing date for the action and all relevant deadlines, including, but not limited to, the deadlines set forth in Section 2339.
(4)
A temporary restraining order included in the summons shall remain in effect if a party files an amended petition or amended response.
(c)
The parties may file an amended joint petition. The filing of
an amended joint petition does not affect the parties’ ability to proceed pursuant to a joint petition.
(d)
Either party may seek discovery, as set forth in the Code of Civil Procedure, under the joint petition process.
(e)
If either party files a request for order, including, but not limited to, a request for a motion to compel or other discovery motion, or request for trial setting with the court, that party shall file an amended petition or amended response, pursuant to subdivision (b), before making, or simultaneously with, the request.
(f)
A judgment based on the agreement of the parties shall be in the same form as if one party had filed a petition for dissolution of marriage or legal separation and the other party had filed
a response to the petition for dissolution of marriage or legal separation or otherwise appeared prior to entry of judgment because both joint petitioners will have appeared in the matter pursuant to subdivision (b) of Section 2331 due to the filing of a joint petition.
(g)
The provisions of Division 6 (commencing with Section 2000) of this code that apply to a petition for dissolution of marriage or for the legal separation of the parties also apply to a joint petition for dissolution of marriage or for legal separation of the parties unless otherwise provided for by this section, in which case the provisions of this section shall supersede.
(h)
The filing of a joint petition shall be accompanied by the fees provided in subdivisions (b) and (d) of Section 70670 of the Government
Code and the supplemental fees provided in Sections 70602.5 and 70602.6 of the Government Code unless both parties have been granted a fee waiver pursuant to Section 68632 of the Government Code.
(i)
This section shall become operative on January 1, 2026.

Retrieval chunks

• #1 | Family Code - FAM - FAM § 2342.5

  (a) (1) If the parties file a joint petition for dissolution of marriage or for legal separation of the parties and joint summons in accordance with Sections 2330 and 2331, for identification purposes, including, but not limited to, identification on a Judicial Council form, the first joint petitioner shall be deeme…

• #2

  If either party files a request for order, including, but not limited to, a request for a motion to compel or other discovery motion, or request for trial setting with the court, that party shall file an amended petition or amended response, pursuant to subdivision (b), before making, or simultaneously with, the reque…