No-Fault Divorce
In one sentence
A divorce granted without requiring either spouse to prove wrongdoing by the other.
Plain English
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Ad slot
Example
A wife files for a no-fault divorce citing irreconcilable differences. She doesn't have to prove her husband did anything wrong; the court grants the divorce based solely on her statement that the marriage cannot be saved.
Used in a sentence
“Most states now allow no-fault divorce, making it easier for couples to end their marriage without assigning blame.”
How No-Fault Divorce differs by state
No-Fault Divorce can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama does not recognize pure no-fault divorce; you must prove grounds like separation or irretrievable breakdown.
Alaska
Alaska grants no-fault divorce based on irretrievable breakdown of the marriage with no waiting period.
Arizona
Arizona grants no-fault divorce based on irretrievable breakdown with a 60-day waiting period from filing.
Arkansas
Arkansas recognizes no-fault divorce based on irretrievable breakdown after a 30-day waiting period.
California
California grants no-fault divorce based on irreconcilable differences with a six-month waiting period.
Colorado
Colorado grants no-fault divorce based on irretrievable breakdown with no waiting period after filing.
Connecticut
Connecticut allows no-fault divorce based on irretrievable breakdown with a six-month waiting period.
Delaware
Delaware grants no-fault divorce based on irretrievable breakdown with no mandatory waiting period.
Florida
Florida grants no-fault divorce based on irretrievable breakdown with no waiting period after filing.
Georgia
Georgia requires a 30-day waiting period after filing for divorce, whether fault or no-fault grounds apply.
Hawaii
Hawaii allows no-fault divorce based on irreconcilable differences with a 6-month waiting period before finalization.
Idaho
Idaho grants no-fault divorce based on irreconcilable differences with no mandatory waiting period.
Illinois
Illinois allows no-fault divorce based on irreconcilable differences with a 6-month waiting period if contested.
Indiana
Indiana grants no-fault divorce based on irretrievable breakdown of marriage with no mandatory waiting period.
Iowa
Iowa allows no-fault divorce based on irretrievable breakdown with no mandatory waiting period.
Kansas
Kansas grants no-fault divorce based on irretrievable breakdown with a 60-day waiting period after filing.
Kentucky
Kentucky allows no-fault divorce after 60 days of separation or immediately with both spouses' written consent.
Louisiana
Louisiana requires a 6-month separation period for no-fault divorce, the longest waiting period in the nation.
Maine
Maine grants no-fault divorce based on irreconcilable differences with no mandatory waiting period.
Maryland
Maryland grants no-fault divorce after 12 months of separation or immediately with mutual consent and agreement.
Massachusetts
Massachusetts requires a 120-day waiting period after filing before a no-fault divorce becomes final.
Michigan
Michigan grants no-fault divorce based on breakdown of marriage with no mandatory waiting period if both spouses agree.
Minnesota
Minnesota permits no-fault divorce based on irretrievable breakdown with a 30-day waiting period after service of papers.
Mississippi
Mississippi does not recognize pure no-fault divorce; one spouse must prove grounds including irreconcilable differences.
Missouri
Missouri grants no-fault divorce based on irretrievable breakdown of marriage with no mandatory waiting period if both spouses consent.
Montana
Montana allows no-fault divorce based on irreconcilable differences with a 20-day waiting period after filing.
Nebraska
Nebraska grants no-fault divorce based on irreconcilable differences with a 6-month waiting period from filing.
Nevada
Nevada permits no-fault divorce based on incompatibility with no mandatory waiting period after filing.
New Hampshire
New Hampshire allows no-fault divorce based on irreconcilable differences but requires a 6-month separation period.
New Jersey
New Jersey grants no-fault divorce based on irreconcilable differences with a 6-month waiting period from filing.
New Mexico
New Mexico recognizes no-fault divorce based on incompatibility, with a 30-day waiting period after filing.
New York
New York requires a 6-month waiting period or signed acknowledgment after filing for no-fault divorce.
North Carolina
North Carolina requires a one-year separation period before granting a no-fault divorce.
North Dakota
North Dakota grants no-fault divorce based on irreconcilable differences with no mandatory waiting period.
Ohio
Ohio grants no-fault divorce based on incompatibility with no waiting period if both spouses consent.
Oklahoma
Oklahoma grants no-fault divorce based on incompatibility with a 6-month waiting period from filing.
Oregon
Oregon allows no-fault divorce based on irreconcilable differences with no mandatory waiting period.
Pennsylvania
Pennsylvania requires a 6-month waiting period after filing for no-fault divorce based on irretrievable breakdown.
Rhode Island
Rhode Island grants no-fault divorce based on irreconcilable differences with a 6-month waiting period.
South Carolina
South Carolina requires a 1-year separation period for no-fault divorce, the longest waiting period in the nation.
South Dakota
South Dakota allows no-fault divorce based on irreconcilable differences with a 60-day waiting period after filing.
Tennessee
Tennessee grants no-fault divorce based on irreconcilable differences with a 30-day waiting period if both spouses consent.
Texas
Texas permits no-fault divorce based on insupportability with no mandatory waiting period, though a 60-day minimum applies from service.
Utah
Utah recognizes no-fault divorce based on irreconcilable differences with a 30-day waiting period after filing.
Vermont
Vermont grants no-fault divorce based on irreconcilable differences with no mandatory waiting period.
Virginia
Virginia requires a six-month separation period before granting a no-fault divorce, with no waiting period if both spouses agree in writing.
Washington
Washington grants no-fault divorce based solely on "irretrievable breakdown" with no mandatory waiting or separation period.
West Virginia
West Virginia requires a one-year separation period for no-fault divorce, or allows immediate divorce if both spouses agree in writing.
Wisconsin
Wisconsin grants no-fault divorce based on "irretrievable breakdown" with a standard 120-day waiting period from filing to finalization.
Wyoming
Wyoming grants no-fault divorce based on "irreconcilable differences" with no mandatory separation or waiting period required.
District of Columbia
DC allows no-fault divorce based on mutual consent or separation for six months without requiring grounds.
Related terms
Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Alimony
Court-ordered payments from one spouse to another after divorce or separation.
Spousal Support
Court-ordered payments from one spouse to another, typically during or after divorce proceedings.
Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Child Support
Court-ordered payments from one parent to the other for a child's living expenses.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.