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No Fault Divorce vs. Fault Divorce FAQ
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
| State | Fault grounds | No-fault grounds | Separation required? | Length of separation |
| Alabama | 2 years | |||
| Alaska | ||||
| Arizona | ||||
| Arkansas | 18 months | |||
| California | ||||
| Colorado | ||||
| Connecticut | 18 months | |||
| Delaware | ||||
| District of Columbia | 6 months | |||
| Florida | ||||
| Georgia | ||||
| Hawaii | 2 years | |||
| Idaho | 5 years | |||
| Illinois | 2 years | |||
| Indiana | ||||
| Iowa | ||||
| Kansas | ||||
| Kentucky | ||||
| Louisiana | 180 days | |||
| Maine | ||||
| Maryland | 1 year | |||
| Massachusetts | ||||
| Michigan | ||||
| Minnesota | 180 days | |||
| Mississippi | ||||
| Missouri | ||||
| Montana | ||||
| Nebraska | ||||
| Nevada | 1 year | |||
| New Hampshire | ||||
| New Jersey | 18 months | |||
| New Mexico | ||||
| New York | 1 year | |||
| North Carolina | 1 year | |||
| North Dakota | ||||
| Ohio | 1 year | |||
| Oklahoma | ||||
| Oregon | ||||
| Pennsylvania | 2 years | |||
| Rhode Island | 3 years | |||
| South Carolina | 1 year | |||
| South Dakota | ||||
| Tennessee | 2 years | |||
| Texas | 3 years | |||
| Utah | 3 years | |||
| Vermont | 6 months | |||
| Virginia | 1 year | |||
| Washington | ||||
| West Virginia | 1 year | |||
| Wisconsin | ||||
| Wyoming |
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.
FAQs
- If my marital status changes, may a credit grantor force me to reapply for credit?
- Will use of fault grounds affect other aspects of the divorce?
- What is a divorce?
- What is a no-fault divorce?
- Why does the law provide for no-fault divorces?
Divorce Resources
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