What is a no-fault divorce?

How it came about

Before 1970, a divorce in the United States required proving fault: adultery, cruelty, desertion or a similar ground. Couples who both wanted out often staged evidence or traveled to Nevada. California's Family Law Act of 1969, effective in 1970, created the first no-fault divorce, and other states followed. New York was the last state to adopt it, in 2010.

What you have to show

Very little. Typical no-fault grounds are:

• Irreconcilable differences (California and many others) or an irretrievable breakdown of the marriage (Florida, Illinois and others).
• Incompatibility (a few states, such as New Mexico and Oklahoma).
• Living separate and apart for a set period — for example one year in North Carolina, or a period required in Virginia and other states unless another ground applies.

In most states, one spouse's sworn statement that the marriage is over is enough. The other spouse cannot block the divorce by refusing to agree, although they can contest property, support and custody.

Pure no-fault vs. mixed states

About a third of states, including California, Florida, Colorado, Washington and Wisconsin, are pure no-fault: fault grounds do not exist at all. The rest allow a choice between no-fault and traditional fault grounds such as adultery, cruelty, abandonment, imprisonment or addiction. Three states — Arizona, Arkansas and Louisiana — also offer covenant marriage, which couples choose at the wedding and which limits divorce to fault grounds or a long separation.

Does fault still matter?

Choosing a no-fault ground does not always mean behavior is irrelevant. Depending on the state:

• Alimony — some states, such as Georgia and North Carolina, allow a court to deny or reduce alimony because of adultery; others ignore marital misconduct in setting support.
• Property — wasting marital money on an affair, gambling or hiding assets (“dissipation”) can lead to a larger share for the other spouse even in pure no-fault states.
• Custody — conduct that affects the children, especially domestic violence or substance abuse, always matters in custody decisions.

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Why most people choose no-fault

Fault must be proved with evidence, which means investigators, testimony and a public airing of private matters. It raises costs, lengthens the case and makes co-parenting harder, usually for little financial gain. Fault grounds are still used occasionally to avoid a long separation requirement or where misconduct can affect alimony in that state.

No-fault vs. uncontested

The two are often confused. No-fault describes the reason for the divorce; uncontested describes whether the spouses agree on the terms. A no-fault divorce can still be fiercely contested over custody or money, and a fault-based divorce can be settled.

Recent debate

Proposals to limit no-fault divorce have been introduced in a few state legislatures in recent years, but as of 2026 no state has repealed it. Supporters of no-fault point to lower costs and research linking it to reduced domestic violence; critics argue it makes marriage too easy to end.

What to do next

Check your state's grounds, residency requirement and any separation period, and whether marital misconduct affects alimony or property there. A family law attorney can tell you in one consultation whether alleging fault would make any practical difference in your case.

No-fault rules also apply to same-sex marriages in exactly the same way as to opposite-sex marriages, and to marriages that took place in another state or country, as long as the residency requirement is met where you file.

Examples of how states phrase it

• California: “irreconcilable differences, which have caused the irremediable breakdown of the marriage.”
• New York: the relationship has been “broken down irretrievably” for at least six months, stated under oath.
• Texas: “insupportability” — discord or conflict that destroys the marriage with no reasonable expectation of reconciliation.

Whatever the wording, courts rarely question the statement. If one spouse insists the marriage can be saved, some states allow a judge to delay the case briefly or order counseling, but the divorce will almost always be granted in the end.