No-fault divorce is a type of divorce that allows a couple to end their marriage without blaming or faulting either party. It is often the simplest path to divorce available in a state. In a no-fault divorce, one spouse only needs to express that they believe the marriage is irreparably broken, rather than providing evidence of wrongdoing such as adultery or desertion. The terminology differs with each state’s no-fault divorce laws, but to obtain a no-fault divorce, the spouse who files simply needs to state that there has been an irretrievable breakdown of the marriage, irreconcilable differences, or incompatibility. No-fault grounds cannot be contested by the other spouse, and there is no need to provide proof that the marriage cannot be repaired.

Before the advent of no-fault divorce, a divorce was only granted if one spouse could prove that the other spouse was at fault for the breakdown of the marriage. This often led to spouses alleging false grounds for divorce, and removing the incentive to perjure was one motivation for the no-fault movement.

No-fault divorce is not the only way to end a marriage. Fault means that one spouse is the cause of the divorce. A fault divorce requires you to give reasons for divorce in your divorce petition, and then if your spouse does not agree, to prove them to the court. Each state has its own acceptable list of fault grounds for divorce, but common reasons include adultery, abandonment, or cruelty.

One significant advantage of a no-fault divorce is that it can be uncontested, meaning that the parties can settle the terms of their divorce without involving a judge. In Georgia, uncontested no-fault divorces can be carried out entirely through paper filings, and neither party is required to admit fault or attend court.