Recognizing the Need For A Divorce

What Does No-Fault Divorce Actually Mean?

30 September 2019

Jackson Robinson

The idea of no-fault divorce can come as a shock to many people, especially if they feel there are issues left over from their marriage that need to be litigated. If you're not confident about what that means, it can be helpful to get some background on why the system works this way and how it might affect you.

Where is No-Fault the Law of the Land?

All 50 states have some form of no-fault divorce available, and the courts everywhere are reluctant to get into fault issues unless there is something extremely worrisome in play. In 17 U.S. states and the District of Columbia, there is no way to get divorced except through the no-fault system. These states don't care if there was adultery, abandonment, abuse or any other sort of problem with marriage, at least so far as those problems apply to the divorce itself.

One-Party Petition

While it takes two to agree to start a marriage, it only takes one to end it under the no-fault system. The common shorthand a divorce attorney will use to describe this petition is "irreconcilable differences." Nothing especially appalling has to be wrong with the marriage for the court to grant a divorce on these grounds. One partner merely has to inform the court that they believe nothing can be done to save the relationship.

The court does not examine the claim of irreconcilable differences, instead accepting it at face value, although some states require the situation to not change for so many months. For example, New Jersey requires a six-month period where the marriage remains irreconcilably broken before papers can be filed.

Separation

Before granting a divorce, a number of states require that the two parties be separated for a certain amount of time, ranging from two months in Kentucky to 24 months in Hawaii. This essentially allows the court some assurance that the marriage is completely over. Not all states recognize separation as an alternative to fault-based or no-fault divorce.

What Happens in the Meantime?

While the finalization of a divorce may take some time, the court does not leave people hanging regarding support. Alimony and child support are usually handled as a separate issue from the divorce unless the two parties enter into an agreement without the court's intervention. In the absence of an agreement, a party that requires financial support can petition for a temporary support order.

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