Divorce, Firearms, & Beyond: Three Key California Family Law Changes for 2026

Introduction

California family law doesn’t stay the same for long. Laws are passed every year that change how courts handle divorce, custody, and domestic violence cases. In 2026, three major updates will kick in. They’re meant to make the system more responsive to safety concerns and the real-world challenges families deal with in court.

Together, these changes create two themes: making divorce easier when both sides agree, and making the rules around firearms and domestic violence even tighter.

Joint Divorce Filings

Right now, divorce in California starts with one spouse filing and then serving the other. Even if both people agree it’s over, the law still makes them go through that extra step. It adds time, money, and a lot of formality to something that doesn’t always need it.

Starting January 1, 2026, Senate Bill 1427 (SB 1427) changes that. Couples who both agree can file a joint petition for divorce or legal separation. Filing together means no one has to serve the other and both parties are treated as if they’ve already appeared in the case.

That doesn’t mean the road will always stay smooth. If disagreements pop up later, either spouse can cancel the joint petition and move back into the traditional process. SB 1427 simply gives couples who are on the same page a direct path forward. Less paperwork. Fewer delays. And the option to fall back on the old system if things don’t stay cooperative.

Firearm Exemptions in DVRO Cases

In California, the law requires that anyone subject to a domestic violence restraining order (DVRO) usually has to give up their firearms. In the past, however, courts have granted exemptions for work-related reasons, such as for those who are peace officers or security personnel, sometimes allowing continued possession for purposes of employment.

Starting January 1, 2026, Assembly Bill 2759 (AB 2759) makes those exceptions much harder to get. From now on, an exemption can only be granted if the person isn’t already prohibited under state or federal law from owning a gun in the first place.

The law also raises the standard for peace officers. It now applies specifically to sworn peace officers, and courts have to make two findings before granting an exemption:

• The officer’s personal safety depends on carrying a firearm outside of work hours, and

• The officer doesn’t pose an added threat to the protected party or the public.

For other jobs that require carrying a firearm, exemptions are still possible, but only if reassignment isn’t an option and the court finds no extra risk. And even then, any exemption has to be reviewed when a permanent restraining order is issued and again if it’s renewed.

AB 2759 makes it clear that safety comes first. Employment needs can’t outweigh the risk of putting firearms back into the hands of someone under a DVRO.

Domestic Violence, Custody, and Firearms

Custody disputes involving domestic violence are guided by Family Code § 3044. The law says there’s a presumption against giving custody to a parent with a history of abuse. Judges could already look at whether that parent had violated firearm restrictions under Family Code § 6389 when deciding if the presumption should stand.

Starting January 1, 2026, Senate Bill 899 (SB 899) makes the review even broader. Courts can now also consider firearm violations under Code of Civil Procedure § 527.9 and Penal Code § 18120.

This essentially means that judges will now have a wider lens to evaluate whether a parent who’s committed domestic violence should be trusted with custody, specifically when firearms are involved. SB 899 strengthens California’s stance that child safety in custody matters always comes first. By expanding the scope of firearm violations courts must weigh, the law doubles down on protecting children in custody disputes where domestic violence is already a factor.

Conclusion

The family law changes coming in 2026 clearly show that California is trying to make the family law system both faster and safer. These reforms aren’t necessarily about adding more rules for the sake of it. They remove significant barriers where cooperation exists and add safeguards where danger does. It’s California’s latest step toward a family law system that better matches the realities families face every day.