What Is a List of No-Fault Divorce States?


Quick Answer

There are 17 true no-fault divorce states as of 2015, including California, Colorado, Florida, Hawaii, Indiana and Iowa. Kansas, Kentucky, Michigan, Minnesota, Missouri and Montana also are no-fault states, as are Nebraska, Nevada, Oregon, Washington and Wisconsin plus the District of Columbia, according to LegalZoom.

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Full Answer

However, all the states offer some sort of no-fault divorce. In true no-fault states, those filing for divorce don't have the option of assigning blame for the divorce on one partner or the other, according to LegalZoom. A no-fault divorce involves telling the court that the marriage is over; there’s no need to provide a reason for the split. All states have different requirements for divorcing couples and the divorce process in general.

Depending on the state, several different reasons may be cited for divorce in no-fault states, notes LegalZoom. For instance, in Florida, no-fault divorces are attributed to the irretrievable breakdown of the marriage, while in California and New Jersey, irreconcilable differences are cited.

In states other than true no-fault states, traditional fault grounds can be used for filing for divorce, although no-fault can be designated if a couple wants to divorce without placing the fault on either party, advises LegalZoom. Even in no-fault states, however, couples may be required to be separated for a period of time before filing for divorce; in Kentucky, for example, couples must be apart for two months before initiating divorce proceedings.

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