An empty nest divorce simply means that the parents who are getting divorced no longer have children living with them in the home. Their children are not minors, but are legal adults.
In some cases, grandparents are getting divorced, so their children have grown up and have families of their own. But even if the children are just 18 or 19 years old and have gone to college, it still qualifies as an empty nest divorce. These types of divorce cases have been trending upward in recent years, so it is important to know how they work.
Some potential differences
One key difference with an empty nest divorce is that child custody issues will not affect the case. If parents have a minor child, they have to address sole and joint custody, they need to consider both legal and physical custody rights, they may have to look into visitation options, and much more. This is one of the most common forms of conflict in a divorce case.
But if the parents are already empty nesters, their children are legal adults, and no custody arrangement is needed.
Another difference can be financial. When parents become empty nesters, they have likely been together for decades, so there are a lot of interconnected financial details to sort out. They may have shared investments, retirement accounts, bank accounts and more. They may own significant property, such as a family home or a business.
In some ways, an empty nest divorce is more streamlined, but there are other ways in which it becomes more complex. As couples go through this process, it is important for them to understand exactly what legal options they have.