No-Fault Divorce Explained
No-fault divorce means you don't have to prove wrongdoing. Instead, couples cite 'irreconcilable differences' or 'irretrievable breakdown.' Every state allows no-fault divorce, though procedures differ. Some states also allow fault-based divorce, which may impact property division or spousal support.
What Is No-Fault Divorce?
Key Principles
- •No need to prove spouse did something wrong
- •Marriage is "irretrievably broken" or has "irreconcilable differences"
- •Focus on ending marriage, not assigning blame
- •Often faster and less expensive than fault-based divorce
No-Fault vs. Fault-Based Divorce
No-Fault Divorce
Common Grounds:
- • Irreconcilable differences
- • Irretrievable breakdown
- • Incompatibility
- • Living separate and apart
Benefits:
- • Faster process
- • Less expensive
- • More private
- • Less emotional trauma
Fault-Based Divorce
Common Grounds:
- • Adultery
- • Cruelty/abuse
- • Abandonment
- • Imprisonment
- • Substance abuse
Drawbacks:
- • Must prove allegations
- • Longer court process
- • Higher legal fees
- • More contentious
State Variations
No-Fault Only States
These states only allow no-fault divorce:
Both Options Available
These states allow both no-fault and fault-based divorce:
All other states allow couples to choose between no-fault and fault-based grounds, though no-fault is more commonly used.
Impact on Divorce Outcomes
Property Division
In most no-fault divorces, marital misconduct doesn't affect property division. However, some states may consider fault when dividing assets, especially if misconduct involved wasting marital assets.
Spousal Support
While no-fault grounds don't typically affect alimony, some states may consider marital misconduct when determining spousal support amounts and duration.
Child Custody
Child custody decisions focus on the best interests of the child, regardless of whether the divorce is fault-based or no-fault. However, fault involving children (like abuse) will impact custody.
Timeline
No-fault divorces generally proceed faster because there's no need to prove wrongdoing in court, reducing both time and legal expenses.
Choosing No-Fault Divorce
For most couples, no-fault divorce is the better choice because it:
- Reduces conflict and emotional stress
- Protects children from hearing details about marital problems
- Saves time and money on legal proceedings
- Allows couples to focus on practical matters like custody and finances
- Provides more privacy than fault-based proceedings
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every situation is unique. Please consult with a qualified attorney for advice specific to your circumstances. See our Legal Disclaimer andAdvice Disclaimer for more information.