Fault vs. No Fault Divorce

Fault Versus No Fault Divorce

NO FAULT DIVORCE

Most states are �no fault� divorce states. In the not so distant past, divorces could only be granted for specified reasons such as infidelity or abandonment. This resulted in much highly emotional litigation that pitted one spouse against another with each painting the other as the �bad guy.� Most states have eliminated fault from their statutes. In most states, for a divorce to be granted there must only be an irretrievable breakdown of the marriage.

In many states, the couple must live apart for a period of months or even years in order to obtain a no fault divorce.

FAULT BASED DIVORCE AND WAITING PERIODS

In the limited states that have retained "fault designations" proving "fault" does not affect the issue as the y relate to custody, spousal maintenance (alimony) or property settlements. Instead, they allow a party to seek an expedited divorce without a waiting period.

These states generally have waiting periods before a divorce can be finalized or before a divorce can be filed.. For example, in Maryland, the parties must live separately for on calendar year before a divorce can be finalized. By proving fault the waiting period can be avoided and the divorce can be filed and finalized immediately if the parties have an agreement.

Some grounds for divorce include:

separation for a period of time
adultery
desertion
conviction of felony or misdemeanor
insanity
cruelty
physical inability to engage in sexual intercourse, if it was not disclosed before marriage.

A brief overview through the year 200 of fault based and no fault states appears below. Remember that laws are constantly changing and these general figures may not be accurate.

State	Fault based	No-fault	Length of Separation Necessary
Alabama	X	X	2 years
Alaska	X	X
Arizona		X
Arkansas	X		18 months
California		X
Colorado		X
Connecticut	X	X	18 months
Delaware	X	X
District of Columbia			6 months
Florida		X
Georgia	X	X
Hawaii		X	2 years
Idaho	X	X	5 years but may be reduced if both parties consent
Illinois	X	X	2 years
Indiana		X
Iowa		X
Kansas		X
Kentucky		X
Louisiana		X	180 days
Maine	X	X
Maryland	X		1 year
Massachusetts	X	X
Michigan		X
Minnesota		X	180 days
Mississippi	X	X
Missouri		X
Montana		X
Nebraska		X
Nevada		X	1 year
New Hampshire	X	X
New Jersey	X		18 months
New Mexico	X	X
New York	X		1 year
North Carolina	X		1 year
North Dakota	X	X
Ohio	X	X	1 year
Oklahoma	X	X
Oregon		X
Pennsylvania	X	X	2 years
Rhode Island	X	X	3 years
South Carolina	X		1 year
South Dakota	X	X
Tennessee	X	X	2 years
Texas	X	X	3 years
Utah	X	X	3 years
Vermont	X		6 months
Virginia	X		1 year but may be reduced to 6 months if there are no children
Washington		X
West Virginia	X	X	1 year
Wisconsin		X	120 days to finalize a divorce. You cannot remarry for one year following a divorce.
Wyoming		X

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