No-Fault Divorce

General

A divorce where neither spouse needs to prove wrongdoing, typically based on irreconcilable differences or breakdown of marriage.

Example

Most states now allow no-fault divorce based on incompatibility.

Canadian Equivalent

In Canada, this is referred to as Marriage Breakdown (one-year separation is the primary no-fault ground under the Divorce Act).

Jurisdiction Variations

CALIFORNIA

Irreconcilable Differences

California was the first no-fault state (1970); sole ground is irreconcilable differences

NEW-YORK

Irretrievable Breakdown (6+ months)

New York was the last state to adopt no-fault in 2010; requires 'irretrievable breakdown' for 6+ months

MISSISSIPPI

Irreconcilable Differences (requires consent)

Mississippi allows no-fault only if both spouses agree; otherwise must prove fault

TEXAS

Insupportability

Texas uses the term 'insupportability' for its no-fault ground

fault-divorceirreconcilable-differencesdivorcemarriage-breakdown