What Is a No-Fault Divorce?
A no-fault divorce means neither spouse has to prove the other did something wrong (like adultery, abuse, or abandonment). Instead, you simply state that the marriage has broken down beyond repair. This is now the most common way to file for divorce in the United States.
For a deeper overview, see our complete no-fault divorce guide.
No-Fault Grounds by State
The terminology varies, but the concept is the same. Here's what each type of no-fault ground means:
| No-Fault Ground | Meaning | Used In |
|---|---|---|
| Irreconcilable Differences | Spouses cannot resolve their problems | Most states (CA, TX, FL, NY, etc.) |
| Irretrievable Breakdown | Marriage is permanently broken | CO, IN, WI, MO, KS, etc. |
| Incompatibility | Spouses are no longer compatible | OK, NM, AZ |
| Living Separate & Apart | Required separation period before filing | NC (1 yr), MD (6 mo), VA (1 yr) |
State-Specific Requirements
While all states allow no-fault divorce, important differences remain:
States Featured on Our Site
| State | No-Fault Ground | Waiting Period | Residency |
|---|---|---|---|
| Texas | Insupportability | 60 days | 6 months |
| Colorado | Irretrievable breakdown | 91 days | 91 days |
| Indiana | Irretrievable breakdown | 60 days | 6 months |
| Missouri | Irretrievable breakdown | 30 days | 90 days |
| Wisconsin | Irretrievable breakdown | 120 days | 6 months |
See all states: Complete 50-state filing requirements
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What Forms Do You Need for a No-Fault Divorce?
The forms for a no-fault divorce are the same as any other divorce. The only difference is which “grounds” box you check on the petition. You typically need:
- Petition for Divorce — Select no-fault grounds (irreconcilable differences, etc.)
- Summons — Notify your spouse
- Settlement Agreement — If uncontested
- Financial Disclosure — Required in most states
- Child Custody Forms — If children are involved
- Final Decree — Court order ending the marriage
Use our Forms Finder to see exactly which forms you need for your situation.
No-Fault vs. Fault-Based: Which Is Better?
No-Fault Divorce
- ✓ Faster and simpler
- ✓ Lower legal costs
- ✓ Less emotional conflict
- ✓ Available in all 50 states
- ✓ Perfect for uncontested divorces
Fault-Based Divorce
- ✕ Requires proving wrongdoing
- ✕ Higher legal costs
- ✕ Emotionally draining
- ✓ May affect asset division in some states
- ✓ May bypass separation requirements
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