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Definition No-Fault Divorce / Grounds - a type of divorce that may be granted even though either spouse has not performed any kind of marital misconduct.

Application in Divorce No-fault divorces merely allege that the marriage has broken down irretrievably. The court merely finds that there is no hope of reconciliation.

No-fault are either contested or noncontested. When the parties agree and present their agreement to the court for approval, the divorce is uncontested. If they cannot agree, the case goes to trial.

No-fault grounds include irreconcilable differences, incompatibility and physical separation for a period of time, usually sixty days to two years.

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Questions & Answers

Why do we still need to establish grounds if the divorce is no-fault?

"Grounds" for a divorce establish the reason for the divorce, while "fault" refers to the fact that someone had done something wrong. At one time spouses were required to accuse the other of having done something wrong in order to be granted a divorce by the court. That "something wrong" was often an affair or domestic abuse. In a no-fault divorce, one no longer has to accuse a spouse of having committed a marital wrong doing, but rather he or she has to state that the marriage has suffered an "irretrievable breakdown," or is being terminated due to the grounds of "Irreconcilable Differences”. These no-fault grounds vary from state to state, but essentially achieve the same goal.

Contributed on 9/10/2007 by: Divorce Source, Inc.Allentown, PA[Total Submissions: 60]

Category: Divorce Grounds (Applicable in All States)

Is "incompatibility" an adequate fault for divorce?

Incompatibility is not a fault ground, but rather is a reason for a no-fault divorce. Incompatibility is not a wrong doing by either spouse. Instead "Incompatibility " is a statement of the condition of the marriage. In a no-fault divorce, if the spouse suing for divorce gives incompatibility as the reason, he or she is saying that there is a personality conflict that is so severe that married life is impossible and that the marriage probably should have never taken place.

Contributed on 9/10/2007 by: Divorce Source, Inc.Allentown, PA[Total Submissions: 60]

Category: Divorce Grounds (Applicable in All States)

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Helpful Tips & Facts

The Divorce Colling Off Period
Since the 1970s, when most states adopted some form of no-fault divorce, most people have become more accepting of the fact that some marriages fail. What has not changed, however, is the pain associated with divorce.
Even with no-fault, rarely do two people come to a decision to divorce at the same time. One spouse leaves; the other is left. The person who initiates the divorce should give the one who is left time to catch up emotionally.Marriage takes two people who want to married and work at it; divorce takes one who wants out. If a spouse truly wants to end a marriage, no amount of marriage counseling will force him or her to stay married.

Contributed on 7/11/2007 by: DivorceDex.com Staff
Category: Divorce Grounds (Applicable in All States)

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Additional Resources

Divorce in an Era of No-Fault: Litigate or Mediate?

Christopher W. Moore recently stated most accurately: "All societies, communities, organizations, and interpersonal relationships experience conflict at one time or another in the process of day-to-day interaction. Conflict is not necessarily bad, abnormal or dysfunctional; it is a fact of life." ’ Indeed, conflict I and the resolution thereof, is an essential ingredient in all of our lives.

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