What Do I Need to File for Divorce With No Kids & No Assets?
California was the first jurisdiction to enact a no-fault divorce law allowing spouses to divorce without showing fault. Spouses were required to live apart for only a statutory amount of time and base their divorces on irreconcilable differences. Today, all states have enacted no-fault divorce statutes allowing spouses to obtain a legal separation or divorce after serving a statutory minimum "waiting period" and entering into a binding written separation or divorce agreement.
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Overview
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State laws vary as to the requirements for no-fault divorces. All states require spouses to live separate and apart for a minimum amount of time, and mandate that at least one spouse have established residency before filing for divorce. Some states require a separate and apart period of at least one year, while others may require only three months. Furthermore, some states' laws say that spouses must attend mandatory mediation or at least one session of marital counseling to ensure their marital problems cannot be resolved without divorce. To preserve the sanctity of marriage, many states require that spouses attempt to reconcile at least once absent mental or physical abuse.
Summary Dissolution
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If you and your spouse have no children and own no marital property, you may be able to obtain a simplified divorce or summary dissolution of marriage according to your state's laws. Most states have simplified divorce rules allowing spouses to obtain a divorce without having to live separate and apart for the entire waiting period. In other words, absent any fault-based causes of marital breakdown, you and your spouse may be able to wait half the time required of spouses with children or property. For example, if your state grants uncontested divorces after requiring you to live separate and apart for at least one year, your state may also grant divorces within six months if you have no children and no marital assets, and have lived separate and apart continuously for at least six months.
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Limitations
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No-fault divorce or uncontested divorce statutes allow couples without children or property to end their marriage without requiring them to wait the extended period. Since you have no children, you are not required to enter into a custody and visitation arrangement and will not have to request child support. If you have any marital debts between you, you must also agree upon the division of those debts, even if you don't own property together.
Other State Statutes
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Some states also provide residents with a summary dissolution process if they have no children but own property together. As such, your state may allow you to request a summary dissolution or uncontested divorce even if you own marital property. However, in all states with summary dissolution statutes, you and your spouse must both agree to an uncontested divorce. If there are any issues that require judicial intervention, you cannot use the summary dissolution process.
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