What Do I Need to File for Divorce With No Kids & No Assets?

By Anna Green

Some jurisdictions offer a simplified divorce process for couples who have no kids and no assets. Often, this process will allow the couple to use simplified paperwork and shorten the divorce process. This simplified process is not available in every state, however. In some places, filing for divorce without children and assets may be similar to the process that couples with kids and property undergo.

Some jurisdictions offer a simplified divorce process for couples who have no kids and no assets. Often, this process will allow the couple to use simplified paperwork and shorten the divorce process. This simplified process is not available in every state, however. In some places, filing for divorce without children and assets may be similar to the process that couples with kids and property undergo.

Petition

In states that offer simplified divorce for persons without kids and assets, the couple can generally file a joint petition with the court. In other words, both parties will collaboratively prepare and sign the petition, assenting to the dissolution of marriage. Generally, this is only for marriages of short-term duration, and the couple might have to waive alimony claims and rights to a trial.This petition will generally stipulate that they do not have significant assets or debts, and explicitly state that no children were born or adopted during the marriage. Further, a simplified divorce petition will list basic information about the couple -- including their names, dates of birth, date of marriage and grounds under which they are seeking divorce.

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Additional Paperwork

Although divorce laws vary from state to state, couples filing for divorce who do not have assets or children may be required to submit additional paperwork with their petition. This extra paperwork may include financial declarations that discuss the couple’s income and debts. Likewise, state law may require the couple to provide waivers of service, which attest the couple prepared the petition jointly.

Settlement Agreement

In many instances, the court will require a couple to submit a separate settlement agreement, along with their simplified divorce petition. In states that do not require couples to file a settlement agreement at the time they file the petition, the court will generally require the parties to prepare one before finalizing the divorce. This settlement agreement will simply outline the terms of the divorce, and the agreement typically needs to include statements about division of the couple’s joint marital property -- even if the property is not of significant value, as well as statements about how the couple will dispose of any joint debts.

When Simplified Divorce Does Not Apply

In some states, having neither children nor assets may qualify a couple for a simplified divorce. However, courts may consider only two factors when determining whether a couple qualifies for a simplified divorce process. For example, even without children or assets, a couple may not be able to file for a simplified divorce if their income is over a state-specified amount or one party is seeking alimony. Likewise, couples with significant joint debts or who have had a long marriage may not qualify for simplified divorce, explains Chicago Volunteer Legal Services. Further, if either party is contesting the divorce or the court must hold a trial to resolve outstanding issues, the court will likely deny any request for a simplified divorce.

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Guide to Uncontested Divorce in Minnesota

References

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Uncontested Divorce in Illinois

While cooperating and communicating with your spouse during divorce proceedings may be challenging, it can allow you to negotiate a better divorce settlement and avoid the time and costs associated with going to court. Illinois provides for a simplified divorce procedure in certain situations. Contested cases can become uncontested if the couple reaches agreement on a divorce settlement. Alternative dispute resolution is available to help couples talk through their issues and reach an agreement.

Divorce Rules in Florida

An understanding of the grounds for divorce in Florida and the factors a judge looks at in dividing property and awarding support can help couples better prepare for the marriage dissolution process. Although one party need not be deemed at fault in the marriage, it must be demonstrated to the court that the relationship is irrevocably broken.

What Is a Stipulated Divorce in Wisconsin?

Divorce can become a complicated, time-consuming process if spouses cannot agree on key legal issues and must have a contested trial. However, some spouses can agree on the terms of their divorce for themselves without court intervention. In Wisconsin, a stipulated divorce is a divorce approved by the court after the spouses write a stipulation — a complete agreement without remaining contested issues — on their own. The option of a stipulated divorce is similar to "uncontested divorce" in other states.

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