What happens in a fault divorce if both spouses are at fault?

When both parties have shown grounds for divorce, the court will grant a divorce to the spouse who is least at fault under a doctrine called "comparative rectitude." Years ago, when both parties were at fault, neither was entitled to a divorce. The absurdity of this result gave rise to the concept of comparative rectitude.

Nowadays, it's usually one spouse who files the divorce papers first; if the other person disagrees with the "fault" accusations, he or she can file an "answer" to the divorce complaint.

While this may go a long way to soothe someone's pride, it adds up to a longer divorce process and more money spent on legal work and court filings.

What type of divorce is allowed in each state?

The first two columns of this chart sets out whether a state allows a "fault" divorce or a "no fault" divorce. The last two columns of the chart show whether a separation is required before a no fault divorce will be granted, and how long the separation must be.

Grounds for Divorce by State

¹Separation-based divorce must also allege incompatibility.
²Must allege irretrievable breakdown and separation for no-fault; if both parties consent, two years may be reduced to six months.
³Divorce will be denied if one party contests ground of incompatibility.
⁴Separation-based divorce allowed only if there are no children.
⁵May be reduced to six months if there are no children.