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Willmaker

No Fault Divorce Vs. Fault Divorce FAQ

You can get a no fault divorce in any state, but you may want to understand the fault grounds for divorce as well.

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What is a "no fault" divorce?

"No fault" divorce describes any divorce where the spouse asking for a divorce does not have to prove that the other spouse did something wrong. All states allow no fault divorces.

To get a no fault divorce, one spouse must simply state a reason for the divorce that is recognized by the state. In most states, it's enough to declare that the couple cannot get along (this reason goes by such names as "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage").

In some states, however, the couple must live apart for a period of months or years before they can obtain a no fault divorce.

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