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
- New Jersey's courts define irreconcilable differences as the term for a no-fault divorce in that state, requiring problems lasting at least six months and no way to repair the relationship. New Jersey Courts Glossary, Irreconcilable differences
- New York allows divorce when the relationship has broken down irretrievably for at least six months and one party says so under oath; the judgment can't be granted until property, support, fees, and custody issues are resolved. N.Y. Domestic Relations Law § 170
- New York also keeps fault-based grounds, including cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more consecutive years, and adultery. N.Y. Domestic Relations Law § 170
- Maryland's courts list three grounds for divorce: mutual consent, six-month separation, and irreconcilable differences. Maryland Courts, Divorce
- Washington allows dissolution when a party alleges the marriage is irretrievably broken; if the other party denies it, the court considers all relevant factors. Rev. Code Wash. § 26.09.030
- Utah allows divorce for irreconcilable differences and also lists fault grounds such as adultery, willful desertion for more than one year, habitual drunkenness, felony conviction, and cruel treatment. Utah Code § 81-4-405
- New Jersey allows divorce based on irreconcilable differences or living apart for at least 18 months, and also on grounds such as extreme cruelty, adultery, institutionalization, or long-term incarceration. New Jersey Courts Self-Help, Divorce
- California's courts say you can get divorced for any reason and do not need your spouse's agreement. California Courts Self-Help, Divorce in California
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
- Contested vs. Uncontested Divorce
- Do I Need a Lawyer for a Divorce?
- How Long Does a Divorce Take?
- How Much Does a Divorce Lawyer Cost?
- How to File for Divorce, Step by Step
- Is Child Support Taxable?
- Joint vs. Sole Custody: What's the Difference?
- What Is a Divorce Decree?
- What Is Common-Law Marriage?
- Who Claims the Child on Taxes After Divorce?
- Divorce & Family Law by state
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.