No-Fault Divorce

Sometimes, marriages come to a natural end. States that recognize no-fault divorce allow couples who grew apart to dissolve their union without having to provide a specific reason in their divorce petition. By simplifying the divorce process, no-fault divorce also helps victims of domestic violence more easily obtain a necessary separation.

What is No Fault Divorce?

No-fault divorce is a modern type of marriage dissolution that offers an alternative to traditional at-fault divorce. Until 1969, fault-based grounds were the only grounds for divorce recognized by U.S. law. This meant that spouses had to prove fault during divorce proceedings to legally dissolve their marriage.

Common grounds for at-fault divorce are physical or mental cruelty, marital misconduct, and desertion. To obtain an at-fault divorce, the filing spouse must show evidence that the other spouse actively caused the marriage breakdown. The blamed spouse also has a right to challenge these claims in court. An at-fault ruling in a divorce could affect alimony, custody, and asset division.

In contrast, spouses can file a no-fault divorce simply by claiming irreconcilable differences exist. In fact, both spouses don't need to agree to end the marriage under no-fault divorce laws. That said, some states require spouses to live separately for a certain period of time before they can file.

While every U.S. state currently recognizes no-fault divorce, some states still allow fault-based grounds. Read this article on no-fault divorce for a deeper dive into the types of marriage dissolution as well as information on specific state laws.

FAQs 

Can you get a no-fault divorce in every state?

Yes, you can still currently file for a no-fault divorce in every U.S. state. Although, there is a rising movement in some states to restrict divorces based on incompatibility. On the other hand, traditional marriage dissolution is only available in states that continue to recognize at-fault divorce. 

Do both partners have to agree to a no-fault divorce?

Typically, only one spouse needs to initiate a no-fault divorce and it can proceed without the other spouse's consent. Generally, courts will grant a divorce even if your spouse doesn't respond to the petition.