If you’re considering divorce in California in 2026, you may notice some important changes in how you start and manage your case. New rules affect the divorce process, spousal support taxes, and some family court procedures. If you’re planning to separate, understanding these changes can help you prepare before you file.
Changes in Divorce Law
One of the biggest changes is the introduction of a joint petition process. Since January 1, 2026, you and your spouse can start a divorce together by filing one joint petition. You must agree on all the issues in your case for this process to work.
You can consider this option if you and your spouse can work together. However, you cannot use it to request temporary court orders. If you cannot agree on every issue, you may need to continue with the regular divorce process. Another important change concerns spousal support taxes. For support orders or agreements made on or after January 1, 2026:
- You can’t deduct spousal support payments on your California tax return.
- You generally don’t report the payments as income on your California tax return.
- Different rules can apply to older support orders.
These changes can affect how you plan your finances during and after divorce.
Custody and Child Support Revisions
If you have children, custody and support can become some of the most important parts of your case. California courts continue to focus on the child’s best interests when making custody decisions.
You may also see proposed changes in this area. For example, AB 1978, introduced in 2026, would create a rebuttable presumption of equal parenting time in certain cases starting in 2027 if it becomes law. The bill is currently pending and is not yet a change in California law. This means you should avoid making plans based on a proposed law before checking its status.
Impacts on Property and Finance
Your finances can change significantly during divorce. You may need to divide property, debts, savings, and other financial interests. California courts require you to address property and debts when you finalize your divorce. Before making financial decisions, you can:
- Gather records for your income, debts, accounts, and property.
- Review which assets you own together and separately.
- Consider how support payments may affect your future budget.
If you’re dealing with a complex financial situation, speaking with a San Francisco Divorce Lawyer can help you understand the legal issues that may apply to your case.
Legal Resources and Support
You don’t have to handle every part of the process without information. California Courts provides updated self-help information about divorce, custody, support, and court forms. You can also seek advice from a qualified family law professional when your situation involves complicated property, financial, or parenting issues. You should also check whether a rule or bill is actually in effect. A proposed bill is not the same as a new law, and your filing date can affect which rules apply to your case.
Endnote
Recent California developments can affect how you start your divorce, manage support, and prepare for financial decisions. If you’re considering divorce, you can start by learning which rules apply to your situation and gathering your important records. When you understand the current legal landscape, you can make better-informed decisions as you move through the process.
