Only some states continue to offer at-fault divorces. Learn more about at-fault and no-fault divorce states and the differences between these proceedings.
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by Chloe Packard
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Legally reviewed by Allison DeSantis, J.D.
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Updated on: September 9, 2024 · 8 min read
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.
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:
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.
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:
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.
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.
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.):
Because all 50 states offer no-fault divorce proceedings, technically, there are no states that are strictly at-fault divorce states.
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.
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:
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.
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.
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.
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.
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.
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.
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.
Follow along to find out some answers to your fault-based divorce FAQs.
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.
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.
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.
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.
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