Grounds for divorce in the United States may be no-fault or fault, depending on your state of residence. The term "grounds" means a legally acceptable reason for the action. In most states, a no-fault divorce means that both parties agree that there are irreconcilable differences and that the marriage is over, but no exigent circumstances such as abuse or adultery exist as a fault.
Fault-Only Divorce States
The only state in the United States that does not offer a no-fault option for divorce is New York. The grounds for divorce in New York are cruel and inhuman treatment; adultery; imprisonment; abandonment; and living apart and separate pursuant to a separation agreement, decree or judgment. In addition to meeting the grounds requirement, specific residency requirements affect your ability to file for and be granted a divorce in New York.
No-Fault Divorce States
In the no-fault divorce states---every state but New York---persons filing for a no-fault divorce must also meet residency criteria specific to each state. In addition to the residency requirement, certain states require a specific length of separation time in order to receive a no-fault divorce. In some states, such as Georgia, separation can include both parties living in the same home but with separate bedrooms and with no sexual intercourse. Lengths of separation can vary significantly by state; a one-year separation is the most common time frame, followed by two years.
Idaho allows for two grounds for a no-fault divorce; one is irreconcilable differences and the other is living apart and separate for at least five years without cohabitation. Florida and Wyoming also have two grounds for a no-fault divorce: irreconcilable differences and mental incapacity or insanity. In other states, such as Arkansas, the only ground for a no-fault divorce is that the married couple live apart for 18 continuous months without cohabitation.
Nevada is a no-fault divorce state with one of the most lenient residency requirements. One party of the marriage must reside in Nevada for six weeks before filing for a divorce.
No-Fault-Only Divorce States
Some states that offer only a no-fault divorce use the term "dissolution of marriage" rather than divorce. In Hawaii, Colorado, Delaware, the District of Columbia, Florida, Iowa, Kentucky, Minnesota, Michigan, Missouri, Montana, Washington, Wisconsin and Wyoming, a no-fault divorce is the only type of divorce offered. In Delaware, petitioners filing for a no-fault divorce must specify one of four reasons that the marriage is irretrievably broken: voluntary separation or separation by misconduct, mental illness or incompatibility.
