Divorcing Without Children: Simplified Processes and Considerations

When a marriage breaks up and there are no common children, or they are of legal age, the divorce process can be simpler. This is because custody and alimony are usually two of the most conflictive points that most complicate the divorce.

However, we say that it may be simpler if neither party claims a compensatory pension or if there is an agreement. Furthermore, divorce can be more or less difficult depending on the level of communication that exists and the material or personal ties that still unite them.

Types of divorces without children

In any case, divorce without children is usually simpler than divorce with children and can be processed according to Article 87 of the civil code in two ways.

Judicial divorce by mutual agreement

When the divorce is by mutual agreement, it is possible to process it with a single lawyer who represents both spouses or each one can hire their own lawyer. Judicial divorce by mutual agreement begins with a divorce petition in court that must be ratified by both spouses.

Notarial divorce by mutual agreement

With divorce before a notary in case of agreement between the spouses and there being no children, the procedure is easier, cheaper, and faster.

Contentious divorce

Regardless of whether or not there are children in common if the spouses do not agree to divorce, they will necessarily have to resort to the contentious divorce procedure.

See also  Navigating Contentious Divorce: Procedures, Pitfalls, and Paths to Resolution

Divorce without children

Is there any impediment to being able to get divorced? The first thing you should know is that in the US it is not necessary to allege a cause for divorce.

Now, to get a divorce, at least three months must have passed since the marriage was celebrated and a series of steps must be followed to get a divorce.

Let’s look at the different situations that can occur: 

  • Divorce without children and with common property.
  • Divorce without children and without common property.
  • Divorce without children and alimony.
  • Divorce without children, what happens to the family home?

Divorce without children and with common property

In the case of divorce without children but with common assets, the distribution of assets must be agreed upon.

It is possible to agree on the attribution of the use of the assets without modifying the ownership or to assign ownership of the property to one of the two in an agreement.

To do this, the economic regime that governs the marriage must be taken into account. The economic regime may be marital or separation of assets:

  • Separation of property regime. Both the assets acquired by each spouse before the marriage and those acquired during it are considered private assets. Therefore, its property corresponds to the owner and it will not be necessary to liquidate the matrimonial property regime.
  • Profit regime. The assets acquired during the marriage are owned by the community property formed by the spouses and correspond to both. In this case, it is necessary to liquidate the community property.

Divorce without children and without common property

When there are no children in the marriage or common property, things get even simpler. This is the case of the economic regime of separation of assets.

Divorce may be done judicially or through a notary. To access a notarial divorce, the following requirements must be met :

  • Three months have passed since the celebration of the marriage.
  • That there is mutual agreement of the spouses for the dissolution of the marriage.
  • That the deed contains the unequivocal will of the spouses to divorce and will determine the measures that must regulate the effects derived from the divorce.
  • That there are no non-emancipated minor children or those with judicially modified capacity who depend on the parents.
  • If there are children of legal age or emancipated minors, they must also sign before the Notary regarding the measures that may affect them if they do not have their own income and if they live in the family home.
  • The spouses must appear personally before a Notary, their representation is not possible.
  • The assistance of a Lawyer to advise the parties will also be necessary. The Lawyer will also sign the divorce deed.
See also  Affiliation between parents and children

Divorce without children and alimony

Either spouse can request the payment of a compensatory pension from the other.

According to the Civil Code, you will have the right to receive a compensatory pension when separation or divorce produces an economic imbalance in relation to the position of the other, which implies a worsening of your previous situation in the marriage.

However, the Supreme Court understands that it is not always appropriate to set the compensatory pension simply because there is economic inequality.

In this sense, jurisprudence supports that it will be necessary to weigh together:

  • Dedication to family.
  • Collaboration in each other’s activities.
  • The situation before marriage
  • And any other relevant circumstances.

What happens to the family home in a divorce without children?

Who is awarded ownership of the home in the event of a divorce without children? If the couple does not have children, is married in common law and the main common asset they have is the home, who gets the house?

First of all, we must clarify that ownership and use are different issues and that they do not have to coincide with the same person.

The right of use is assigned by the judge depending on whether there are children or the level of protection that one or the other parent needs (all the information on the attribution of use of the family home in the event of divorce here ).

The ownership of the home, when we are dealing with a marriage with community property, corresponds to both. Therefore, what must be done is to proceed to liquidate the community property.

See also  Comprehensive Guide to Marital Separation with Children: Procedures, Differences, and Considerations

The regulatory agreement’s content aligns with Article 90 of the Civil Code. While it presents general guidelines applicable to any mutual divorce, specific provisions are incorporated to govern the obligations of spouses concerning their children.

The liquidation of the community property involves making an inventory of the assets (assets and rights) and liabilities (obligations and debts) that must be valued and distributed equally between the spouses.

The awarding of the entire home in favor of one of the spouses logically requires monetary compensation to the injured spouse.

FAQs;

1-Can you get a divorce without having children?

Yes, you can get a divorce even if you do not have any children together, though the process may be simpler without issues like child custody and support.

2-Who gets the house in a divorce without children?

Without children, the house in a divorce is typically sold and the proceeds split or one spouse buys out the other’s interest, as determined by factors like financial contribution.

3-Do I need a lawyer for divorce without children?

Though not always necessary, having a lawyer for a divorce without minor children involved can provide useful guidance on property division and your rights in settlement agreements.

4-What is the divorce rate of people without children?

The divorce rate for couples without children is around 36 percent, compared to a nearly 50 percent divorce rate for couples with children based on U.S. statistics.

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