question.jpgIn Divorce Law

What is a no fault divorce?

All states provide for no fault divorces today, and in many states, it’s the only option. No fault divorce is what is meant by “irreconcilable differences” or “irretrievable breakdown of the marriage.” In general, the only grounds required for one spouse to file for a no-fault divorce is appearing in court and, under oath, declaring that the marriage is irretrievably broken; both spouses can mutually agree to the same. Many states, however, insist that the couple live apart for a period of time before a no-fault divorce can be granted (six months to five years, depending on the state); in fact, in New York living apart under a separation agreement is the only means to a no-fault divorce.