What is a no-fault divorce?
Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases, the spouse who engaged in the misconduct was punished by getting a smaller share of the marital property or by being denied custody of his or her children. In a no-fault divorce, however, both parties agree that there is no fault involved in the grounds for divorce. In fact, in no-fault divorce, any misconduct is irrelevant to the divorce proceedings, a marriage can be terminated simply because the couples agree that the marriage is no longer salvageable, and the marriage can be dissolved if either of the partners so chooses.
A “no-fault” divorce is one where the spouse suing for divorce does not have to prove that the other spouse did something wrong. To file for a no-fault divorce, one spouse must simply state a reason recognized by the state. In most states, it’s as easy as stating that the couple cannot get along (e.g., “incompatibility,” “irreconcilable differences,” or “irremediable breakdown of the marriage”).
“No fault” divorce describes any divorce where the spouse asking for a divorce does not have to prove that the other spouse did something wrong. All states allow no fault divorces. To get a no fault divorce, one spouse must simply state a reason for the divorce that is recognized by the state. In most states, it’s enough to declare that the couple cannot get along (this reason goes by such names as “incompatibility,” “irreconcilable differences,” or “irremediable breakdown of the marriage”). In some states, however, the couple must live apart for a period of months or years before they can obtain a no fault divorce.
A “no-fault” divorce is one where the spouse suing 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. In Texas it’s as easy as stating that the marriage has become insupportable.
A No-fault divorce is a divorce in which the dissolution of a marriage does not require showing wrong-doing of either party or, indeed, any evidentiary proceedings at all. It is granted upon a petition by either party to a court, typically a family court, without the petitioner having to show that the respondent is at fault and despite respondent’s potential lack of assent to the dissolution.
