What Are the At-Fault Divorce States?

An at-fault divorce, also known as a fault divorce or fault-based divorce, refers to the dissolution of a marriage in which one spouse must prove the other spouse did something wrong to end the marriage.

While this type of divorce was once the only way to get a divorce, it's less common today now that no-fault divorces are available everywhere.

Below, we'll highlight the at-fault and no-fault divorce states and address the key differences between these two divorce proceedings.

At-fault divorce states

If you want to file for divorce, you may choose between an at-fault and no-fault divorce, depending on where you reside. This is because at-fault and no-fault divorce laws vary from state to state.

Some states still offer both options, where couples can choose whether to establish fault grounds for their divorce. The following are considered both no-fault and at-fault states:

1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. Connecticut
6. Delaware
7. Georgia
8. Idaho
9. Indiana
10. Louisiana
11. Maine
12. Maryland
13. Massachusetts
14. Mississippi
15. New Hampshire
16. New Jersey
17. New Mexico
18. New York
19. North Carolina
20. North Dakota
21. Ohio
22. Oklahoma
23. Pennsylvania
24. Rhode Island
25. South Carolina
26. South Dakota
27. Tennessee
28. Texas
29. Utah
30. Vermont
31. Virginia
32. West Virginia
33. Wyoming

At-fault vs. no-fault divorce

While both of these terms refer to divorce proceedings, the key difference between an at-fault and no-fault divorce is the reason given for the dissolution of the marriage.

What is an at-fault divorce?

An at-fault divorce is the dissolution of a marriage that revolves around establishing some form of misbehavior. In other words, one spouse must prove the other has violated the terms of marriage, casting blame and providing evidence to support their claims.

The most common grounds for divorce include the following:

• Adultery
• Abandonment
• Cruelty (physical or emotional)
• Imprisonment
• Felony conviction
• Desertion

As you can imagine, not every couple experienced these specific circumstances—some were simply unhappy in their marriages or had other reasons for wanting a divorce. Therefore, many couples had to fabricate scenarios to prove wrongdoing to meet the required grounds for divorce. In other cases, it was challenging for a person seeking divorce if their spouse didn't want the divorce, putting the burden on them to prove the other's guilt.

Eventually, in 1969, then-California governor Ronald Reagan signed the first no-fault divorce law, alleviating some of the difficulties and deception surrounding filing for divorce. This new law eliminated the need for spouses to cast blame, and instead allowed couples to divorce due to irreconcilable differences without further explanation.

By 2010, every U.S. state had adopted a no-fault divorce option, with some doing away with at-fault divorces entirely. That said, a majority of states still offer at-fault divorce filings in addition to no-fault divorces.

What is a no-fault divorce?

A no-fault divorce allows a couple to end their marriage without casting blame. When filing a divorce petition, a spouse does not give any reason for the divorce beyond stating there was an irretrievable breakdown in the marriage or irreconcilable differences. The spouse filing does not need to provide any evidence for no-fault grounds for divorce, and the spouse on the receiving end can't object to the petition.

All 50 states are no-fault divorce states, and 16 of them offer it as the only route for divorce.

When comparing at-fault and no-fault divorces, it's important to note that some states require waiting periods for no-fault divorces, which require the couple to wait at least six months before finalizing their divorce. During this waiting period, the couple may be ordered to live separately. However, this typically isn't a requirement for at-fault divorces.

No-fault states

Every state has adopted no-fault divorces, which means couples are not required to disclose a reason for divorce, no matter where they live in the U.S. 

However, 16 true no-fault states only offer this option, including the following states (plus Washington, D.C.):

1. California
2. Colorado
3. Florida
4. Hawaii
5. Illinois
6. Iowa
7. Kentucky
8. Michigan
9. Minnesota
10. Missouri
11. Montana
12. Nebraska
13. Nevada
14. Oregon
15. Washington
16. Wisconsin
17. Washington, D.C.

Because all 50 states offer no-fault divorce proceedings, technically, there are no states that are strictly at-fault divorce states. 

Legal implications of a fault divorce

Let's explore some implications of a fault divorce.

To start, the burden of proof is on the filing spouse. This means they're responsible for providing substantial evidence against their spouse to prove wrongful actions. A fault divorce can be emotionally taxing on both spouses, as it often requires exposing private details of the marriage and creates tension between the couple.

Gathering the appropriate evidence can also be time-consuming and expensive, as it typically requires hiring legal representation and potentially other professionals like private investigators to help support the claims. What's more, if the spouse contests the divorce claims, it could further drag out the legal proceedings and make the divorce even more expensive.

Moreover, at-fault divorce decisions can influence alimony, child support, child custody, and marital property division arrangements, with many courts ruling in favor of the not-at-fault spouse. For example, the court may require the at-fault spouse to pay higher alimony and child support fees, receive fewer visitation rights, and get a smaller share of marital assets due to their wrongdoings.

Defenses against fault divorce claims

Unlike no-fault divorces in which one spouse can't object to the divorce petition, at-fault divorces allow the at-fault spouse to contest the claim.

Some common defenses to at-fault divorce claims include the following:

• Condonation. The at-fault spouse proves the other spouse forgave them or overlooked their wrongdoing, like if their spouse allowed the marriage to continue despite knowing of their extramarital affair.
• Connivance. The at-fault spouse proves the other spouse created conditions for them to conduct the wrongdoing. For example, the at-fault spouse might claim their spouse hired someone to seduce them to establish grounds for divorce based on adultery.
• Provocation. The at-fault spouse proves the other spouse encouraged or provoked their wrongdoing, such as abandonment. For instance, the at-fault spouse might argue they only left their spouse because they were physically abusing them.
• Collusion. One spouse can prove that they both agreed to fabricate wrongdoing to receive a divorce. In this case, the couple may have mutually consented to divorce based on a false claim of adultery, but one spouse backed out of the plan.
• Recrimination. The at-fault spouse can prove the other spouse was guilty of wrongdoing, too, like if they were accused of adultery and then claimed their spouse was having an affair as well.

Why you need a divorce attorney

It can be difficult navigating all the legal tape associated with divorce, so if you want to file for a fault divorce, we highly recommend hiring a divorce attorney. Divorce attorneys know the law inside and out and can help you make the best decision based on your circumstances.

The following are just a few of the many ways a divorce attorney can assist you during your divorce proceedings.

Provide legal expertise and guidance

A divorce attorney has the skills and expertise to determine the best course of action for you.

If you live in an at-fault divorce state, they'll educate you on the grounds for divorce, advise you on the necessary evidence to prove fault, and guide you toward the most favorable option. They may also encourage you to file for a no-fault divorce depending on your circumstances.

Navigate the divorce process

At-fault divorce proceedings require a lot of paperwork; you must know what to file and when. A divorce attorney will ensure you deliver the appropriate documents to the courts on time to avoid delays and setbacks that could negatively impact your case.

Represent you in court

A divorce attorney will represent you in court. They'll have your back as they present your case, advocate for you, and protect your best interests.

Negotiate settlements

As previously mentioned, proving fault can impact marital property division, alimony, child support, and child custody decisions. A divorce attorney will help negotiate the terms in your favor, leveraging the fault aspect to help you secure higher payments or a larger share of marital assets.

Offer support and objectivity

Getting a divorce can be an emotional and stressful experience. A divorce attorney can help you stay grounded, encouraging you to make rational decisions. They'll support you and remain objective throughout the entire process.

Handle complications

Divorce proceedings can get complicated, as you're faced with navigating legal issues, proving marital misconduct, addressing counterclaims, and juggling multiple legal defenses. An attorney will effectively and efficiently handle these complications, helping you to finalize your divorce.

FAQs about fault-based divorce

Follow along to find out some answers to your fault-based divorce FAQs.

What are the benefits of filing for an at-fault divorce?

An at-fault divorce often benefits the innocent spouse, as they're awarded more favorable settlements. For example, the at-fault spouse is often required to pay higher alimony and child support and provide the innocent spouse with a larger share of the property.

Are there any disadvantages to filing for an at-fault divorce?

An at-fault divorce can be lengthy and expensive, as the spouse filing for divorce has to provide evidence of wrongdoing, while the other spouse can contest the claims. This can cause a lot of back-and-forth and lead to procedural delays. What's more, at-fault divorces can sometimes cause emotional stress, increase tensions, and create conflicts between the two spouses.

How do I know which type of divorce is right for me?

Hiring a divorce attorney is the best way to know which type of divorce is right for you. They'll consider all the factors, such as whether you live in a no-fault divorce state and your specific grounds for divorce, to help determine the best option for you based on your unique circumstances.

LegalZoom can help match you with a qualified divorce attorney in your state who will advise you on all your legal matters.

What happens if I get a divorce in one state and move to another?

The Full Faith and Credit Clause in the U.S. Constitution ensures all states will recognize and honor your divorce. This also means your new state will continue to enforce your divorce settlements, like alimony and child support.