If you and your spouse don’t have children together, your divorce is usually much simpler. You don’t need parenting plans, custody schedules, child support calculations, or medical support orders. That means fewer forms, fewer steps, and a faster path to finalizing your divorce.
This guide explains the entire process in friendly, plain language so you know exactly what to expect.
Why Divorce Without Children Is Simpler
When there are no children involved:
- Fewer forms are required
- No custody or visitation issues
- No child support calculations
- No medical support orders
- No parenting classes
- No long-term co-parenting relationship
This makes uncontested divorce especially easy.
Step 1: Confirm Your Divorce Is Uncontested
You and your spouse must agree on:
- Property division
- Debt division
- Spousal support (if any)
- Who will file
- What the final decree will say
If you disagree on even one issue, resolve it before filing.
Step 2: Complete the Required Forms
Most states require:
- Petition for Divorce
- Waiver of Service or Acceptance of Service
- Final Divorce Decree (No Children)
- Property Division Worksheet
- Income and expense forms (in some states)
Make sure you use the correct version: “Divorce with No Children.”
Step 3: File Your Petition
The filing spouse submits the petition to the district clerk.
You’ll receive:
- A case number
- Stamped copies
- Instructions for next steps
Step 4: Notify Your Spouse
Even in an uncontested divorce, your spouse must be notified.
Most couples use a Waiver of Service, which is simple and avoids the cost of a process server.
Step 5: Complete the Waiting Period
Many states require a waiting period before the divorce can be finalized.
Examples:
- Texas: 60 days
- California: 6 months
- Georgia: 31 days
Use this time to finalize your property agreement.
Step 6: Finalize Your Property Division
Without children, property is the main focus.
You’ll decide:
- Who keeps the house
- Who keeps the cars
- How to divide bank accounts
- How to divide retirement accounts
- Whether equalization or offsets are needed
- How to divide debts
Once agreed, everything goes into your Final Divorce Decree.
Step 7: Attend Your Final Hearing (If Required)
Some states require a short hearing; others allow a written prove-up.
If a hearing is required, it’s usually quick and simple.
Step 8: File the Signed Decree
Once the judge signs your decree, you may need to file it with the clerk and get certified copies, or in most cases, the signed decree is internally routed by the court to the clerk’s office. You should go to the clerk’s office and request a certified copy of the final decree of divorce.
Frequently Asked Questions
Is divorce faster without children?
Yes. There are fewer forms and no custody issues.
Do we need a lawyer?
Not necessarily. Many couples complete a no-children divorce on their own.
Can we use the same forms?
Yes — most states allow both spouses to use the same forms in an uncontested divorce.
Do we still need a waiting period?
Usually, yes. Waiting periods apply regardless of children.
What if we disagree on property?
Resolve the issue before filing or consider mediation.