{"id":351720,"date":"2016-04-04T11:02:29","date_gmt":"2016-04-04T16:02:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/divorce\/an-overview-of-no-fault-and-fault-divorce-law.html"},"modified":"2023-05-26T07:30:34","modified_gmt":"2023-05-26T12:30:34","slug":"an-overview-of-no-fault-and-fault-divorce-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/an-overview-of-no-fault-and-fault-divorce-law.html","title":{"rendered":"Fault and No-Fault Divorce: An Overview"},"content":{"rendered":"\n
\n \n
\n

Fault and No-Fault Divorce: An Overview<\/h1>\n
\n
\n By FindLaw Staff<\/a> | Legally reviewed by Hal Armstrong, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Fault and no-fault divorces are two types of divorces you can pursue to end your marriage. Each state establishes eligibility for each type of divorce.  A qualified divorce attorney can help you determine the best type of divorce to pursue.<\/p>\n

 <\/p>\n\n <\/div>\n\n

 This article examines the differences between a fault and a no-fault divorce. This article also discusses the grounds accepted to prove fault in a fault-based divorce case.<\/p>\r\n

No-Fault Divorce<\/h2>\r\n

A no-fault divorce refers to a type of divorce<\/a> in which the spouse filing for divorce doesn’t need to prove fault. The spouse considering divorce does not have to prove the other spouse did anything wrong.<\/p>\r\n

All states recognize no-fault divorce. But as of 2023, only 17 states and the District of Columbia are "true" no-fault divorce states. True no-fault states do not give you the option of casting blame on fault grounds. Thus, the only option for filing a divorce case under state law in true no-fault states is a no-fault divorce.<\/p>\r\n

Reasons given by parties seeking a no-fault divorce include irreconcilable differences, an irretrievably broken marriage, or an irretrievable breakdown of the marriage. These somewhat amorphous terms imply that the marriage can no longer work. The spouse receiving the divorce petition cannot object to the other party’s petition for a no-fault divorce. The court can view that objection itself as an irreconcilable difference.<\/p>\r\n

Usually, these states require that the spouses live separately for a designated period of time. There is a waiting period before either party can file for a no-fault divorce.<\/p>\r\n

Fault Divorce<\/h2>\r\n

Today, fault divorces are not as common. When a spouse files a divorce petition based on fault grounds, "matrimonial offenses" are commonly given as grounds for divorce. These fault grounds include the following:<\/p>\r\n