Define: No-Fault Divorce

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some US states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

To obtain a divorce a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. This means there is no defence to a divorce petition (so a spouse cannot threaten to “fight” a divorce), there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of property favourable to the “innocent” spouse. Increasingly popular since the 1960s, no-fault divorce is in effect in every state except Illinois and South Dakota.

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This glossary post was last updated: 29th March, 2024.