If you’re considering getting a divorce, you may benefit from getting a no-fault divorce, which is usually easier and faster.
updated November 21, 2023 · 3min read
A no-fault divorce is when one of the parties to a marriage files for divorce based on their inability to get along. You do not need reasons for divorce.
Some states call this irreconcilable differences, while other states call this the irretrievable breakdown of the marriage. They both mean the marriage is broken and cannot be fixed.
Generally, the answer is no. No-fault divorces usually can be filed in most states by one spouse even if the other spouse doesn’t agree to the divorce.
While no-fault divorce statutes were made to simplify divorces and keep costs down, the spouse not agreeing to the divorce can contest a no-fault divorce in a few states. This means that even though the divorce is filed under no-fault laws, the other spouse can fight the divorce itself by proving that the marriage has not been irretrievably broken for the required period of time. If this can be proved, a no-fault divorce cannot be granted.
All states with no-fault divorce laws have requirements in addition to the irretrievable breakdown of the marriage or irreconcilable differences. The following may be required before filing a no-fault divorce:
If you meet these requirements for a no-fault divorce, especially if it is uncontested, your case will move through the court system relatively quickly.
A no-fault divorce is quicker, less expensive, and generally less stressful than a divorce based on fault because you do not have to go to trial on the grounds for divorce. It allows you to proceed immediately to the terms of your divorce, which is the most important thing about your divorce in the first place.
by Ronna L. DeLoe, Esq.
Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...
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