Which States Have No Fault Divorce?

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A no-fault divorce is any divorce in which the spouse asking for divorce does not have to prove that the other spouse did anything wrong. Often, it is enough simply to state that the parties cannot successfully get along anymore. Every U.S. state has a no-fault divorce law, but a few require a period of separation before a no-fault divorce will be granted.

A no-fault divorce is one where neither partner has to state or prove that misconduct occurred to cause their marriage to break down. Often, the reason stated in a no-fault divorce petition is "irreconcilable differences" or that the marriage is "irretrievably broken." Whatever verbiage the couple uses, they are agreeing that their marriage is over when they begin the no-fault divorce process.

No-Fault Divorce States

The states that offer no-fault divorce without requiring a period of separation are: Alaska, Arizona, California, Colorado, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Washington, Wisconsin and Wyoming.

In these states, a couple may obtain a no-fault divorce without first meeting any separation requirement. Some of these states also offer legal separation instead of divorce.

No-Fault Divorce With Separation Requirement

Some states require the parties to live apart for a minimum length of time before seeking a no-fault divorce. The length of time required varies by state and ranges from 180 days to five years. The states that require a period of separation, and the minimum length of separation, are:

• Alabama - 2 years 
• Connecticut - 18 months 
• Hawaii - 2 years 
• Idaho - 5 years 
• Illinois - 2 years 
• Louisiana - 180 days 
• Minnesota - 180 days 
• Nevada - 1 year 
• Ohio - 1 year 
• Pennsylvania - 2 years 
• Rhode Island - 3 years 
• Tennessee - 2 years 
• Texas - 3 years 
• Utah - 3 years 
• West Virginia - 1 year
  

No-Fault or Fault Divorce

Some U.S. states offer both a no-fault and a fault divorce option. Couples who do not want to observe the waiting period requirement are allowed to file for fault divorce. Some common grounds for fault divorce include cruelty, adultery, desertion, confinement in prison or a similar institution, and inability to perform sexual intercourse, if this was not disclosed prior to the marriage. States that offer both no-fault and fault divorce include:

• Alabama 
  
• Alaska 
  
• Connecticut 
  
• Delaware 
  
• Georgia 
  
• Idaho
• Illinois 
• Maine 
• Massachusetts 
• Mississippi 
• New Hampshire 
• New Mexico 
• North Dakota 
• Ohio 
• Oklahoma 
• Pennsylvania 
• Rhode Island 
• South Dakota 
• Tennessee 
• Texas 
• Utah 
• West Virginia