What is a ‘no fault’ divorce?

A no fault divorce occurs when two people want to end their marriage but one party has not clearly wronged the other. When a marriage breaks down simply because the parties no longer wish to be married anymore, a no fault divorce may take place. This has become a common form of divorce and most states recognize no fault grounds as a legitimate reason to end a marriage. Courts may refer to this as “divorce on the basis of irreconcilable differences”, or the process may simply be called a no fault divorce.

What is the difference between fault and no fault divorce?

In the past, fault has often been required for a divorce. To end a marriage, one party must have done something that would cause the other person to want a divorce. Each state had its own grounds for a fault divorce, but some common examples include:

• Adultery
• Incarceration of one spouse in prison
• Cruelty
• Desertion
• One spouses' inability to have sexual intercourse, unless the other party knew of this before the marriage began

To get a fault divorce, the party filing the papers often needed to provide proof of the grounds.

Do these rules apply to no fault divorce?

No fault divorce rules do away with the requirement that there must be a specific reason for the divorce. States that recognize the concept of no fault divorce realize that sometimes people sometimes grow apart or have complex personal reasons for no longer wishing to be married. As such, they permit two people to get a divorce upon request. The parting couple must also meet some other basic requirements.
The exact requirements for a no fault divorce vary by state, but in many states the couple need only file papers and live apart for a set period of time. In other jurisdictions, if you would like to get a divorce you may also need to go through a process of becoming legally separated before you may file for a no fault divorce.

Should I get help?

If you are considering ending your marriage, you should strongly consider speaking with a lawyer to discuss your options. A lawyer can help you determine the rules in your state and can help make sure the divorce process goes as smoothly as possible.