No-Fault Divorce

No-Fault Divorce

No-Fault Divorce

Grounds are stated as irreconcilable differences, irretrievable breakdown, or incompatibility. One party's assertion generally suffices and the other cannot contest the ground itself.

Some states require a separation period.

Alternative Names:

No Fault Dissolution|Irreconcilable Differences

Why it Matters?

The inability to contest the ground means dissolution proceeds regardless of one party's objection, which shifts all contested litigation to the financial and custody issues. Separation period requirements in some states delay the decree and create a waiting period during which temporary orders govern. Whether fault evidence remains admissible for other purposes, including dissipation and custody, varies and is worth confirming.

Frequently Confused with

Related terms

Frequently asked questions

Can the other party contest the ground?

Can the other party contest the ground?

Generally no. One party's assertion of irretrievable breakdown suffices, shifting litigation to financial and custody issues.

Does fault evidence remain relevant?

Does fault evidence remain relevant?

It varies. Some states admit it for dissipation and custody purposes even where the ground itself is no-fault.