No-fault divorce is a legal concept that allows a couple to dissolve their marriage without proving any wrongdoing or assigning blame to either party. In a no-fault divorce, the spouse seeking the divorce does not have to prove that the other spouse did something wrong, such as adultery, abandonment, or abuse, to obtain a divorce. No-fault divorce has become extremely common because of the ease, cost, and time needed to complete a divorce. Read more below.

How Did No Fault Divorce Come About? 

The concept of no-fault divorce emerged as a progressive approach to divorce laws, aiming to simplify and streamline the divorce process, reduce conflict, and promote a more amicable and less adversarial approach to ending a marriage. It recognizes that marriages can break down due to irreconcilable differences or the breakdown of the marital relationship, rather than placing blame on one party.

What Are the Grounds for a No-Fault Divorce? 

Under a no-fault divorce system, a spouse can typically cite "irreconcilable differences" or a similar term as the grounds for divorce. This means that the marriage has irretrievably broken down, and there is no reasonable chance of reconciliation. In such cases, the court can grant a divorce based solely on the assertion of irreconcilable differences, without delving into the specifics of who is at fault.

What if a No-Fault Divorce Is Not an Option? 

The alternative to no-fault divorce is a fault-based divorce system. In a fault-based divorce, one spouse is required to prove that the other spouse engaged in certain marital misconduct, such as adultery, cruelty, desertion, or imprisonment, as the grounds for divorce. Fault-based divorce systems are less common today and often require more time, money, and emotional energy to prove wrongdoing, making the divorce process more contentious and adversarial. 

Speak to your divorce lawyer as soon as possible in the process if you plan to use fault in your divorce. You must present proof of spousal wrongdoing to prevail in this type of divorce. For example, if you are alleging that your spouse has cheated on your marriage, your divorce lawyer might suggest you hire a private detective if you don't have concrete proof of the affair.

Many states have shifted to a no-fault divorce system or have introduced a hybrid approach that combines elements of both fault and no-fault grounds for divorce. These hybrid systems allow couples to choose between a no-fault option (based on irreconcilable differences) or a fault-based option (if the specific grounds for fault are present), providing more flexibility while still recognizing the option of fault-based divorce if desired. Learn more by speaking to your divorce attorney.