What Is a No-Fault Divorce? How Every State Defines It - Noble Notary & Legal Document Preparers

08-Apr-2026

What Is a No-Fault Divorce? How Every State Defines It

Before 1970, getting divorced in the US required proving your spouse had done something wrong. No-fault divorce changed everything — but how your state defines it, and whether fault still matters for anything, varies more than most people realize.

The Short Definition

A no-fault divorce allows either spouse to end the marriage without proving the other spouse’s wrongdoing. The filing spouse simply states that the marriage has broken down — using language like ‘irreconcilable differences,’ ‘irretrievable breakdown,’ or ‘incompatibility’ — and no evidence of fault is required.

No-Fault Only States

These states allow only no-fault grounds: Arizona, California, Colorado, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, Oregon, Washington, Wisconsin

States That Allow Both No-Fault and Fault Grounds

The majority of US states allow both no-fault divorce and fault-based divorce. The strategic question of which to use depends on whether fault affects property division or support in that state.

Does Fault Still Matter After the Petition?

⚖Spousal support. In many states, a spouse’s adultery can reduce or eliminate their eligibility for alimony.

⚖Property division. Evidence of financial misconduct — hiding assets, dissipating marital funds — can affect distribution even in no-fault states.

⚖Custody. Fault conduct that directly affects children (substance abuse, domestic violence, neglect) is always relevant to custody decisions.

State	No-Fault Language	Notes
California	Irreconcilable differences	No-fault only
Texas	Insupportability	Also allows fault grounds
Florida	Irretrievable breakdown	No-fault only
New York	Irretrievable breakdown (6+ months)	Added no-fault in 2010; still allows fault
Illinois	Irreconcilable differences	Eliminated all fault grounds 2016
North Carolina	One year separation	Only no-fault ground for most cases
Mississippi	Irreconcilable differences	Requires BOTH spouses to agree to use this ground

No-Fault Means No Evidence Required

An uncontested no-fault divorce is the simplest path. Check eligibility for $199 document preparation — no fault, no court appearances required for most cases.

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Can my spouse block a no-fault divorce by refusing to cooperate? ▼

In most states, no. A spouse cannot prevent a divorce by refusing to participate. If they’re served and don’t respond, you can typically obtain a default judgment.

Does choosing no-fault grounds affect how assets are divided? ▼

In most states, no — the grounds don’t directly determine property division. However, the conduct that led to the divorce (financial misconduct, waste of marital assets) can still be considered in equitable distribution states.

Ready to take the next step? Use our free divorce cost calculator or read our OnlineDivorce.com review.

Affiliate Disclosure: Noble Notary may earn a commission when you purchase through links in this article at no additional cost to you. OnlineDivorce.com charges $199 regardless of referral source.

Legal Disclaimer: Noble Notary is a licensed document preparation company, not a law firm. Noble Notary & Legal Document Preparers · 1736 Spottswoode Ct., Port Orange, FL 32128 · (321) 283-6452

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