Can I Divorce Without Grounds?

No. You cannot divorce without citing legal grounds. The grounds for divorce depend on whether you are filing a no-fault or an at-fault divorce.

In a no-fault divorce, there are three common grounds for divorce. The petitioning spouse can cite any one ground in his/her petition to set the divorce process into motion. No blame is assigned to the other spouse and the petitioning spouse does not have to prove any allegation in the courts because there is none. The no-fault grounds for divorce are:

Irretrievable breakdown of marriage
Incompatibility
Irreconcilable differences (most commonly cited)

In an at-fault divorce, the legal grounds depend on the circumstances of the case. The petitioning spouse has to allege that the other spouse committed marital wrongdoing (which led to the divorce), and conclusively prove the allegation in the courts. The marital misdemeanor can include:

Domestic violence
Physical, sexual, or mental abuse
Infidelity
Fraud (in getting married or after the marriage)
Bigamy
Abandonment
Mental illness
Impotence
Substance addiction
Criminal conviction (for a serious crime)
Mental or physical abuse
Any other wrongdoing specified by your state

Choosing between No-Fault and At-Fault Divorce

As of June 2022, just 19 U.S. states are truly no-fault divorce states. However, the other U.S. states, which are at-fault divorce states, do allow spouses to file for no-fault divorce.

On a practical level, filing for a no-fault divorce is like filing for divorce without mentioning grounds because there are just three common grounds to choose from. Due to the simpler and quicker procedure for no-fault divorce, most spouses prefer to file a no-fault divorce petition. Approximately 98% of such divorces get resolved before they reach a trial – either by negotiations between the spouses’ divorce attorneys or by ADR (Alternative Dispute Resolution) processes like mediation or collaborative divorce.

Completing an at-fault divorce is time-consuming, expensive, acrimonious, and subject to deceit. Plus the evidence against the at-fault spouse needs to be absolutely rock-solid and watertight. A majority of spouses do not prefer an at0fault divorce and instead opt for no-fault divorce because it reduces acrimony and stress, is easy on the children, and saves time and money.

Practical Answer to “Can I Divorce Without Grounds?”

Well, the practical, real-world answer to “Can I divorce without grounds?”is “yes” you can, only when you file for a no-fault divorce. That’s because, in a no-fault divorce, all you do is choose one of the three legally recognized reasons to divorce, which may or may not necessarily be true. Therefore, from a practical point of view, you can literally divorce without grounds when you file for a no-fault divorce.

However, if you are filing for an at-fault divorce, then you have to mention the grounds for divorce from both technical and practical perspectives. Not just that, you need to prove your allegations in court.

Excellent

Brown Family Law

Based on 960 reviews

See all reviews

Mack

I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.

Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

Halie Bates

Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

Jessica Lance

Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.

Amy Christensen

This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.

Kenzie Murphy

Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.