No-fault divorce is a divorce where the court does not require a presentation of wrongdoing by either party. This means that in order to get a no-fault divorce, one spouse must simply state a reason for the divorce which is recognized by the state.
In most states, it is sufficient to state that the couple is unable to cooperate. In other states, the couple must live separately for a few months or years before they can obtain a non-fault divorce.
Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to prove that the defendant was guilty of a breach of marital contract. As a result, courts automatically divide the assets accumulated during the marriage. New York was the last state to legalize no-fault divorce in August 2010.
At By The People, we only handle uncontested divorces. If your divorce is uncontested: