What is a no-fault divorce?
“No fault” divorce describes any divorce 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 get a no fault divorce, one spouse must simply state a reason 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 nearly a dozen states, however, the couple must live apart for a period of months or even years in order to 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 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”). New Jersey grants both fault and no-fault divorce, and requires 18 months separation. What is the benefit of filing for a fault divorce when no-fault divorces are so much less hassle? Some states require a lengthy period of separation required before you are able to file for a no-fault divorce, and some people do not want to wait that long before filing. Also, in some states, a spouse who proves the other’s fault (or greater fault, if both are at fault) may receive a greater share of the marital property or a higher amount of alimony. H
