In "No-fault" divorces, complaints for divorce merely allege an "irretrievable breakdown" of the marriage, or use similar language. The court must find that the marriage has "irretrievably broken down," leaving no chance of reconciliation.
Note: This list has been compiled from publically available, reasonably current sources, however it is your responsibility to verify the information provided for your state with a local court or legal counsel.
STATE
No Fault Sole Ground
No Fault Added to Traditional
Incompatibility
Living Separate and Apart
Judicial Separation
Durational Requirements
Alabama
x
x
2 years
x
6 months
Alaska
x
x
2 years
x
6 months
Arizona
x
x2
x
90 days
Arkansas
x
18 mos.
x
60 days
California
x
x
6 months 1
Colorado
x
x
90 days
Connecticut
x
18 mos.
x
1 year
Delaware
x
x
6 mos.
6 months
District of Columbia
x
1 year
x
6 months
Florida
x
6 months
Georgia
x
6 months
Hawaii
x
2 years
x
6 months
Idaho
x
x
6 weeks
Illinois
x
2 years
x
90 days
Indiana
x
x
60 days
Iowa
x
x
1 year
Kansas
x
x
60 days
Kentucky
x
60 days
x
180 days
Louisiana
x2
6 months3
x
6 months
Maine
x
x
6 months
Maryland
x
2 years
1 year
Massachusetts
x
x
None
Michigan
x
x
6 months
Minnesota
x
x
180 days
Mississippi
x
6 months
Missouri
x
1-2 years
x
90 days
Montana
x
x
180 days
x
90 days
Nebraska
x
x
1 year
Nevada
x
1 year
x
6 weeks
New Hampshire
x
2 years
1 year
New Jersey
x
18 mos.
1 year
New Mexico
x
x
x
6 months
New York
x
1 year
x
1 year
North Carolina
x
1 year
x
6 months
North Dakota
x
x
6 months
Ohio
x
x
1 year
6 months
Oklahoma
x
x
6 months
Oregon
x
x
6 months
Pennsylvania
x
2 years
6 months
Puerto Rico
x
x
2 years
x
None
Rhode Island
x
3 years
x
1 year
South Carolina
x
1 year
x
3 months (both residents)
South Dakota
x
x
None
Tennessee
x
2 years
x
6 months
Texas
x
3 years
6 months
Utah
x
3 years
x
90 days
Vermont
x
6 months
6 months
Virginia
x
1 year
x
6 months
Washington
x
1 year
West Virginia
x
1 year
x
1 year
Wisconsin
x
x
6 months
Wyoming
x
x
x
60 days
Notes:
California requires domicile as distinguished from residency for jurisdictional purposes.
Covenant marriage statutes establish specific grounds for divorce for covenant marriages.
Two years for covenant marriages.
The 17 "pure" no-fault states are Arizona, California, Colorado, Florida, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Oregon, Washington, Wisconsin, and Wyoming.
There are 2 more no-fault states with options on separation waiting periods: 1 year in Nevada, and 2 years in Hawaii.
There are 12 no-fault states that have "fault options": Alaska, Delaware, Georgia, Maine, Massachusetts, Mississippi, New Hamphire, New Mexico, North Dakota, Oklahoma, and South Dakota. In Tennessee divorce due to separation is not a no-fault option if there are children in that state.
There are 8 states (plus the District of Columbia) that have waiting periods for no-fault divorce, but also have "fault options" with some gain for finding fault, for those who do not wish to endure the waiting period, which is only 180 days in Louisiana, 6 months in the District of Columbia, 1 year in West Virginia, 2 years for Alabama and Pennsylvania, 3 years for Rhode Island, Texas, and Utah Idaho requires a 5 year wait.
There are 3 states with fault/no-fault "exceptions":
Connecticut will grant a divorce after 18 months of separation/divorce only if incompatibility is alleged.
Illinois is no-fault if "irretrievable breakdown and separation" is alleged. If there are objections then 2 years of separation is needed, otherwise the waiting period is only 6 months.
Ohio law states that no-fault will be denied if one party contests the grounds of incompatibility. The waiting period for a separation divorce is 1 year.
There are 8 "Fault" states that also permit divorce after waiting periods of 6 months or more, such as Vermont (6 months), Maryland, New York, North and South Carolina (1 year), and also Virginia (1 year) if there are children or 6 months without children. New Jersey and Arkansas have 18 month waiting periods.
42 states (plus the District of Columbia) are no-fault, some with options. There are only 8 strictly "fault" states.