ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Divorce

What is a no-fault divorce?

A no-fault divorce is one in which neither person blames the other for the breakdown of the marriage. There are no accusations or need to prove "guilt" or cause of the breakdown. A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown." As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent.