What Is No-Fault Divorce?

If you and your spouse are on good terms but feel that your marriage has reached a natural ending, no-fault divorce is a valid legal option for you. A no-fault divorce allows you to end your marriage without focusing on blame or proving fault. In fact, under no-fault divorce laws, both spouses don't have to agree to end the marriage.

Understanding no-fault divorce

Originally, a married couple had to provide an “acceptable” reason for ending their marriage and getting a divorce, such as domestic violence or adultery. The reason for divorce is known as the “grounds" for divorce. California was the first state to pass a no-fault divorce law in 1970. Now, due to legal progress in family court and divorce reform, unilateral no-fault divorce is available in all U.S. states and the District of Columbia.

What is no-fault divorce, then? It's a type of divorce that allows one spouse to file for divorce without blaming the other or having to prove fault. The terminology differs with each state’s no-fault divorce laws, but to obtain this type of divorce, the spouse who files simply needs to state that there's been an irretrievable breakdown of the marriage, irreconcilable differences, or incompatibility. In some states, living apart for a specified period of time—often called a legal separation—can be the reason for a no-fault divorce.

The evolution of no-fault divorce

Globally, variations of faultless divorce laws began as far back as 1757, when Prussian King Frederick II passed an edict that allowed spouses to dissolve their marriage without assigning blame to one party. Russia also led the pack by passing modern no-fault divorce laws in 1917, shortly after the Bolshevik revolution.

Until the late 20th century, at-fault divorce was the only legal route to end a marriage in the United States. Couples who wanted a divorce had to either prove that one spouse was at fault through direct evidence or go through extensive efforts to concoct or fabricate evidence (which was actually quite common).

The National Association of Women Lawyers (NAWL) spearheaded no-fault divorce advocacy throughout much of the 20th century. California was the first U.S. state to enact a no-fault divorce law when Governor Ronald Reagan signed the Family Law Act of 1969. The law went into full effect in 1970. New York was the last state to pass a no-fault divorce law in 2010.

No-fault divorce states

Although every state permits no-fault divorce, some states also permit at-fault divorces, in which spouses can choose to establish fault grounds for their divorce.

Sixteen states and the District of Columbia are true no-fault divorce states, meaning they do not offer at-fault divorces:

• California
• Colorado
• Florida
• Hawaii
• Illinois
• Iowa
• Kentucky
• Michigan
• Minnesota
• Missouri
• Montana
• Nebraska
• Nevada
• Oregon
• Washington
• Wisconsin
• Washington, D.C.

How to get a no-fault divorce

A no-fault divorce can be simpler, cheaper, faster, and more private in many circumstances. To obtain a no-fault divorce, simply select the no-fault option as the reason for divorce when filing at your local court or on their website. No-fault grounds for divorce can't be contested by your spouse, and you aren't required to provide proof of why you want the marriage to end.

Generally, you're still eligible for divorce under this option even if your spouse doesn't agree to end the union. For example, if you've filed and your spouse fails to respond, the court can grant a default judgment of divorce. However, if your spouse proves that your case hasn't met state requirements for divorce—such as a waiting period—you may have to postpone your divorce until you've met those requirements.

In some states, the type of divorce you choose affects how you address the division of assets, alimony, and child custody after the separation.

• Property division. No-fault divorces often determine the division of assets through divorce settlement agreements, such as a property division agreement. Couples can draft these agreements outside of the court with the help of an experienced divorce attorney.
• Alimony. Courts may award alimony based on several factors, such as each spouse's relative earning power, the duration of their marriage, and child custody. Some state courts even consider adultery when awarding an amount of alimony.
• Child custody. Following a no-fault divorce, the child's best interests are the main consideration in determining child custody. The main custody options are joint custody, shared custody, and sole custody with visitation rights.

Finding fault

No-fault divorce is not the only way to end your marriage. Fault means that one spouse caused the divorce through intentional action. At-fault divorce requires you to give reasons for divorce in your divorce petition and then if your spouse does not agree, to prove them to the court.

Each state has its own acceptable list of fault grounds for divorce, but common reasons include adultery, insanity, imprisonment, cruelty or abuse, abandonment, or substance abuse. Divorce lawyers can help you assemble a case to prove fault, but be aware that an at-fault divorce is often more costly and time-consuming than a no-fault divorce.

However, if one spouse can prove the other is responsible for the union's dissolution, they may gain more from an at-fault divorce, such as higher alimony, a stronger case for child custody, or a larger share of marital assets.

Reasons for a fault divorce differ from those needed for an annulment. An annulment declares that the marriage was not valid at the time it was entered into and includes reasons such as one party being underage, the spouses being too closely related, or fraud or force used to get one person to consent.

No-fault vs. uncontested divorce

A no-fault divorce is different from an uncontested divorce. Fault has to do with the reason for the end of the marriage. Whether a divorce is contested or not has to do with whether your spouse agrees with everything you are asking for in your divorce petition.

In an uncontested divorce, the respondent or defendant (the person served with the papers) chooses not to answer the papers or appear in court, or simply signs off on the papers and essentially says they agree with everything that is being asked for. This includes not only the grounds for divorce but also issues such as alimony, child support, property division, and custody.

An uncontested divorce can be a fault or no-fault divorce. The uncontested divorce moves forward very quickly since nothing is being disputed, and a trial is not always necessary.

A contested divorce means your spouse disagrees with your terms, and the case will proceed to a trial unless a conclusion is negotiated.

No-fault divorce makes obtaining a divorce easier and often reduces the negative feelings between spouses since there is no public blame for the divorce. No-fault divorce may be the best path for you.

LegalZoom’s uncontested divorce service is an inexpensive way to file for divorce if you and your spouse agree on most major issues. Otherwise, you can talk to an attorney for advice or help filing for divorce through the LegalZoom personal legal plan.

Frequently asked questions

What are the benefits of a no-fault divorce?

It can be simpler, cheaper, faster, and more private than divorces that assign fault. A no-fault divorce may also be easier on children, make more room for amicability, and allow for a fairer distribution of marital wealth that doesn't aim to punish the party allegedly at fault.

Is there a waiting period for a no-fault divorce?

Many states require waiting periods before couples can finalize a no-fault divorce, often requiring couples to live apart during that time. These laws aim to ensure that spouses have given themselves ample opportunity to contemplate whether or not divorce is the right recourse for them before making such a big decision. Depending on the state, the waiting period may range from less than a month to a year long.

Do I need a lawyer for a no-fault divorce?

No, a lawyer is not required to file for or finalize a no-fault divorce. That said, having one can significantly simplify the process. If you and your spouse don't agree on how you'll divide marital assets or other key issues such as alimony, child support, and child custody, working with a divorce lawyer can ensure that your interests are represented in the outcome.

Will no-fault divorce be banned? 

Although some lawmakers have sought to end no-fault divorce throughout the years, it's still a protected part of our legal system that most lawmakers and advocates agree protects victims of abusive marriages.

Vice President of Policy at the National Domestic Violence Hotline, Marium Durrani, has stated that “any barrier to divorce is a really big challenge for survivors. What it really ends up doing is prolonging their forced entanglement with an abusive partner.”

Brette Sember, J.D., contributed to this article.