The granting of a no fault divorce depends upon the circumstances of each case. The basis of the no fault provisions of the statute setting forth how divorces may be obtained is that the parties have lived separate and apart without cohabitation and without interruption for the required period of time. The time period is one year, except in the case where there are no children born or adopted during the marriage who are unemancipated ( i.e., there are no children to whom a duty of support is owed by the parties together) and the parties have executed a valid Property Settlement Agreement. In that case, a no fault divorce can be granted based on a 6-month separation. 

Frequently Asked Questions

 


Q: If my husband and I agree to get a "no fault" divorce, how does that work?

A: The granting of a "no fault" divorce depends upon the circumstances of each case. The basis of the "no fault" provisions of the statute setting forth how divorces may be obtained is that the parties have "lived separate and apart without cohabitation and without interruption" for the required period of time. The time period is one year, except in the case where there are no children born or adopted during the marriage who are unemancipated (i.e., there are no children to whom a duty of support is owed by the parties together) and the parties have executed a valid Property Settlement Agreement. In that case, a "no fault" divorce can be granted based on a 6-month separation. 


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