All Laws Decoded

What Is a No-Fault Divorce?

A no-fault divorce is one where the spouse asking for divorce does not have to prove the other spouse did something wrong. States use different terms, such as irreconcilable differences, irretrievable breakdown, or living apart for a set time. Some states allow only no-fault grounds, while others also keep fault grounds such as adultery or cruelty.

What the law says

FAQ

Do I have to prove my spouse did something wrong?
Not under a no-fault ground. For example, New Jersey's courts describe irreconcilable differences as the state's no-fault ground.
Can my spouse stop a no-fault divorce by refusing to agree?
California's courts say you can get divorced for any reason and do not need your spouse's agreement. Rules in other states vary.
Do all states still have fault grounds?
No. Maryland's courts, for example, list only three grounds: mutual consent, six-month separation, and irreconcilable differences. Other states, such as New York and Utah, keep fault grounds alongside no-fault ones (see the points above).
Is there a waiting period for a no-fault divorce?
It depends on the state and ground. New York's irretrievable breakdown ground requires a breakdown lasting at least six months.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.