No-Fault Divorce
Sometimes, marriages come to a natural end. States that recognize no-fault divorce allow couples who grew apart to dissolve their union without blaming the other spouse in their divorce petition. By simplifying the divorce process, no-fault divorce also helps victims of domestic violence more easily obtain a necessary separation.
What is No Fault Divorce?
No-fault divorce is a modern type of marriage dissolution that offers an alternative to traditional at-fault divorce. Until 1969, fault-based grounds were the only grounds for divorce recognized by U.S. law. This meant that spouses had to prove fault during divorce proceedings to legally dissolve their marriage.
Common grounds for at-fault divorce are physical or mental cruelty, marital misconduct, and desertion. To obtain an at-fault divorce, the filing spouse must show evidence that the other spouse actively caused the marriage breakdown. The blamed spouse also has a right to challenge these claims in court.
In contrast, spouses can file a no-fault divorce simply by claiming irreconcilable differences exist. In fact, both spouses don't need to agree to end the marriage under certain no-fault divorce laws. That said, some states require spouses to live separately for a certain period of time before they can file.
While every U.S. state currently recognizes no-fault divorce, some states still allow fault-based grounds. Read this article on no-fault divorce for a deeper dive into the types of marriage dissolution as well as information on specific state laws.
FAQs
Can you get a no-fault divorce in every state?
Yes, you can still currently file for a no-fault divorce in every U.S. state. Although, there is a rising movement in some states to restrict divorces based on incompatibility. On the other hand, traditional marriage dissolution is only available in at-fault divorce states.
How are assets split in a no-fault divorce?
While divorce law differs by state, courts will typically divide marital property evenly or based on factors such as child support, financial needs, duration of marriage, future employability, and the age and health of both spouses.
That said, having a prenup or postnup can help you protect assets during a divorce. Additionally, agreeing on the terms of your divorce in advance can help you and your spouse simplify the process further through an uncontested divorce.
Do both partners have to agree to a no fault divorce?
Typically, only one spouse needs to initiate a no-fault divorce and it can proceed without the other spouse's consent. Generally, courts will grant a divorce even if your spouse doesn't respond to the petition.
What are the pros and cons of no-fault divorce?
The pro of a no-fault divorce is the ability to end your marriage without having to provide the court with evidence that your spouse has wronged you. The con is that you may have to wait longer and go through a period of separation before you can file. Conversely, you can immediately file an at-fault divorce in some states, but need to provide evidence to support it.