No-Fault Divorce
A divorce where neither spouse must prove wrongdoing — only that the marriage is irreparably broken.
Understanding No-Fault Divorce
No-fault divorce revolutionized family law when California first adopted it in 1970, and all 50 states now offer it. The filing spouse simply states that the marriage has broken down due to irreconcilable differences or irretrievable breakdown, without needing to prove adultery, abuse, or other misconduct. No-fault divorce reduces hostility, protects privacy, and speeds up the process. Some states require a separation period before granting a no-fault divorce, while others do not.
Real-World Examples
California is a pure no-fault state, meaning she did not need to prove any wrongdoing — only that the marriage had irreconcilable differences.
State-by-State Variations
All 50 states offer no-fault divorce. Some (like New York, Illinois) also allow fault-based grounds. Mississippi requires consent of both parties for a no-fault divorce.
Related Terms
A divorce where one spouse must prove the other committed specific misconduct such as adultery, cruelty, or abandonment.
Irreconcilable DifferencesA no-fault ground for divorce meaning the spouses have differences that cannot be resolved and the marriage is beyond repair.
Irretrievable BreakdownA no-fault ground for divorce meaning the marriage is permanently broken with no reasonable prospect of reconciliation.
Related Guides
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.