Guide to Divorce without Children
- Are child-free couples more likely to divorce?
- Is divorce without kids easier?
- Key differences and benefits
- Empty nest divorce without dependents
- Pet custody
- Using mediation
If you’re getting divorced and don’t share kids with your spouse, your divorce process may be simpler than if you did have kids. That doesn’t mean divorce is easy for couples without children, but it does mean there are key differences for a childless divorcing couple.
Are child-free couples more likely to divorce?
Not necessarily. Every relationship is unique and influenced by myriad factors. Having or not having kids is just one aspect that may impact a couple's marital stability.
Research shows that if both partners are happy to not have children, the odds of divorce or on par with married partners with children. However, if one or both partners are dissatisfied with the fact that they cannot or do not have children, the odds of divorce increase (as it puts extra stress on the relationship).
Is divorce without kids easier?
In many ways, yes. Divorce without children tends to be less complicated, as it eliminates the need for discussions around child custody, support, and visitation rights. It often results in fewer forms to fill out, less time in court, reduced financial implications, and more flexibility in post-divorce living arrangements.
One study’s findings showed that the mental impact of divorce is more severe on parents, especially parents of young children. Child-free couples need not factor dependents (except for pets or caregiving scenarios) into their decisions. However, it's essential to remember that all divorces involve emotional upheaval, regardless of whether children are involved.
Key differences and benefits
Fewer forms to fill out
Divorce without children involves less paperwork. In a divorce involving children, there are numerous forms related to child custody, support, and visitation rights. These are not required when there are no children involved, streamlining the process.
No need for a parenting plan
Creating a parenting plan is a critical part of divorce proceedings when children are involved. It outlines the responsibilities of each parent and the arrangements for the children's welfare.
In a childless divorce, this step is unnecessary. This can reduce the complexity of your divorce ordeal. However, if you share pets, you may still decide to work out some sort of custody agreement, which is sometimes referred to as a “pawrenting agreement.”
No consideration for child support and custody
Child support and custody battles can be contentious and painful. Without children, these issues are non-existent. This not only simplifies the divorce process but also reduces the emotional distress associated with such disputes.
Again, it should be noted that the division of assets (including beloved pets) can cause problems for childless couples with fur babies.
Suggested: Pets and Divorce
Less time in court
Without the need to resolve child-related issues, you may spend less time or no time in court, especially if you can agree with your spouse on the details of your marital settlement agreement.
When couples agree on settlement issues, there is often a much quicker resolution to the divorce. It also tends to lower the amount you must pay to get divorced.
Uncontested divorce is a type of divorce available to couples with and without kids, and it tends to take far less time and cost less money. Sometimes, you can reach an uncontested status by working with a mediator. Read more about divorce mediators here.
Reduced financial implications
Custody battles and child support agreements can have significant financial implications. With no children, these financial burdens are absent. This could result in a more equitable division of assets and less financial strain post-divorce.
More flexibility in living arrangements
Without the need to consider children's schooling and access to both parents, you have more flexibility in choosing where to live post-divorce. This can make the transition into post-divorce life smoother.
Simplified emotional process
While divorce is never easy, not having to consider the impact of your split on children can simplify the emotional process. You can focus on your healing and moving forward without worrying about how your children are coping.
Empty nest or divorce without dependents
Absolutely. A divorce without children typically refers to couples who either never had children or whose children are now adults and no longer require parental care.
As empty nesters, you fall into the latter category. Unless your adult child is dependent on you for some reason, your divorce proceedings will not involve child custody, support, or visitation issues, simplifying the process considerably.
Pet custody for when your “kids” are your pets
Pet custody during divorce is an increasingly relevant issue as pets are often considered part of the family. However, the legal system typically views pets as property rather than family members. Here's a summary of how pet custody is typically handled and what factors can influence the outcome. Note that many states have specific laws related to pets in divorce.
Key facts about pets in divorce
- In most jurisdictions, pets are legally classified as personal property. This means that, during a divorce, pets are subject to the same division processes as other assets like furniture or vehicles.
- Depending on the state, assets, including pets, may be divided under equitable distribution or community property laws.
- Courts often consider who has been the primary caregiver for the pet. Evidence such as who feeds, walks, and takes the pet to the vet can be crucial. Some courts have started to consider the best interests of the pet, similar to child custody considerations. Factors include the living environment, the ability to care for the pet, and the emotional bond between the pet and each party.
- Couples can negotiate pet custody agreements as part of their divorce settlement. This can include shared custody arrangements, visitation schedules, and financial responsibilities for the pet’s care. Use our Pawrenting Agreement template.
- Some couples include pet custody clauses in their prenuptial or postnuptial agreements, specifying what will happen to the pet in the event of a divorce.
- As pet custody becomes more common, legal precedents are slowly evolving. Some judges have started to recognize pets' emotional value, influencing their rulings toward what they see as fairer outcomes for all parties involved, including the pets. Some states have begun to introduce laws specifically addressing pet custody. For example, in California, courts are now required to consider the well-being of pets in divorce proceedings.
Tips for handling pet custody in divorce
- Documentation: Keep detailed records of your pet’s care, including veterinary visits, expenses, and any other relevant information that demonstrates your involvement in the pet’s life.
- Communication: Try to agree on pet custody arrangements amicably with your spouse. This can save time, legal fees, and emotional stress.
- Shared custody if it's an option: Before you think of it as an all-or-nothing situation, many pets can thrive in two households. See where your pet(s) tends to be happiest.
- Legal advice: In high-conflict or complex cases, you may want to consult with an attorney who has experience in family law and pet custody to understand your rights and develop a strategy that considers your and your pet's best interests.
Can we use mediation for a divorce without children?
Yes. Mediation is an excellent option for couples looking to divorce amicably whether they have children or not. It lets you negotiate terms yourselves rather than leaving big decisions about your estate up to the court. Mediation can be faster, cheaper, and less adversarial than traditional litigation, making the divorce process less stressful.
Increasingly, child-free couples are turning to mediation or collaborative law to resolve pet custody disputes outside of court. This allows for more flexible and personalized arrangements.
At Hello Divorce, we're committed to making divorce affordable, accessible, and as painless as possible. For more information, explore our website, or schedule a free 15-minute call with a member of our team.
References
Chehreh R, Ozgoli G, Abolmaali K, Nasiri M, Karamelahi Z. Child-Free Lifestyle and the Need for Parenthood and Relationship with Marital Satisfaction among Infertile Couples. July 2021. Iran J Psychiatry.
Leopold T, Kalmijn M. Is Divorce More Painful When Couples Have Children? Evidence From Long-Term Panel Data on Multiple Domains of Well-being. Demography. December 2016. Demography.
