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Do I Need a Reason to Get Divorced?

For a court to grant you a divorce, you must have grounds that establish the reason for your divorce. That is true whether you are getting a divorce based on no-fault grounds or based on whose fault the divorce is.

To get a no-fault divorce you will need to state that there has been a breakdown of your marriage, but you won't need to prove that your spouse was to blame for the failure of your marriage in this type.

To get a fault-based divorce you will need to state one of the grounds that are a recognized reason for divorce in your state and you will also need to prove that your spouse was at fault. Some of the most common fault-based grounds are adultery, desertion and imprisonment. The specific terminology that you use as grounds for divorce based on the breakdown of your marriage varies by state.

Most States Allow Both No-Fault and Fault-Based Divorces

Most states have both no-fault and fault-based divorces but some states have only no-fault divorces. Divorces where neither spouse is blamed for the failure of the marriage are called no-fault divorces and they are allowed in every state and the District of Columbia. Divorces where one spouse is blamed for the failure of the marriage are still valid in most states and these are considered fault-based divorces.

No-Fault Based Reasons for Divorce

The no-fault reasons are worded differently in the various state no-fault laws but all of the reasons fall into two broad categories: those based on a breakdown of the marriage, and those allowing divorce based on separation of the spouses by agreement for a required time period.

In most states, a spouse may get a no-fault divorce based on a breakdown of the marriage. The words used to describe a breakdown of the marriage vary in different state no-fault laws but include the following:

Irretrievable breakdown of the marriage relationship
Irreconcilable differences
Incompatibility
Insupportability

In some states it is not enough to claim that there was a breakdown of the marriage; the couple must live apart for a period of months or years before they can get a no-fault divorce. Depending on the state, the this requirement can be for periods of six months, one year, 18 months, two years, three years or five years.

Fault-Based Reasons for Divorce

In addition to no-fault divorces, most states allow you to get a divorce based on fault reasons, sometimes called traditional grounds. This requires one spouse to prove that the other spouse is at fault. The most common fault-based grounds are:

Adultery
Abandonment or desertion
Mental illness or incompetency
Bigamy
Criminal conviction with or without imprisonment
Alcohol or drug abuse
Cruelty or abuse
Impotence

Questions for your attorney

I just received a petition for divorce from my spouse, what should I do?
Can I change the grounds for divorce from a no-fault reason to a fault-based reason after I have filed a complaint with the court?
How long do I need to be a resident in a state before I can file for divorce?
What should I do if I think that my spouse is going to file for divorce in another state? Will I be required to travel to the court in the other state?
What information will I need for an initial consultation with a divorce lawyer?

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