What Is The Difference Between a "Fault" and a "No Fault" Divorce?

Home > Resources > English > FAQs > Divorce

What Is The Difference Between a "Fault" and a "No Fault" Divorce?

A “no fault” divorce is one where the spouse filing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at “fault”. To file for a no fault divorce, one spouse must simply state a reason recognized by the state. For example, “irreconcilable differences” is the default legal reason in California and other states. In most states, this is not a difficult hurdle to overcome. However, the downside is that in several states the couple must live apart for a period of months or even years in order to obtain a no fault divorce.

Other Divorce FAQs

Q: How Do I File For Divorce?
A: Filing for divorce is like initiating any other civil lawsuit – you must first file papers at the courthouse (a “Complaint”). Many states have … More
Q: What Exactly Does It Mean To Be Divorced?
A: If you are divorced it means that a judge has signed a “dissolution of marriage” declaring that you are no longer legally married to your spouse. … More
Q: How Long Does It Take To Get Divorced?
A: This is really a two-part question. Most states require a certain period of time to pass between the filing of the initial paperwork and the issuance of a … More
Q: My Husband And I Do Not Make Much Money And We Really Dont Own Anything Of Much Value – Is There A Simplified Way For Us To Get Divorced?
A: It depends. Some states offer a simplified version of divorce that may be available to you. In the states that do, it is usually required that you and your … More
Q: My Husband Said That He Will Not let Me Divorce Him
A: In a "no fault" divorce state there is nothing that your husband can do to legally prevent you from filing for and obtaining a divorce decree from the … More
Q: How Does The Court Decide Who Gets The Children?
A: At the outset, it is important to understand that “custody” is usually divided into two separate categories – legal custody and physical … More