What Are the 3 Grounds for Divorce?

Since 2010, all states in the U.S. recognize no-fault divorce, under which the spouse who’s filing for divorce doesn’t have to prove any fault/offense on the part of the other spouse. The 3 primary grounds recognized by the states for no-fault divorces are:

What Are the 3 Grounds for Divorce?
  1. Incompatibility
  2. Irreconcilable differences
  3. Irretrievable breakdown of marriage

With that said, spouses need to understand the difference between a no-fault and fault-based divorce.

What is a Fault-Based Divorce?

Fault-based divorces were more or less the norm long back, before no-fault divorces got recognition, courtesy of Ronald Reagan, the Governor of California, in 1969, but now are less common. A fault-based divorce requires the petitioner to allege a marital offense or wrongdoing on the part of the other spouse – and prove the same. The common grounds for this type of divorce include:

  • Incurable mental illness
  • Infidelity
  • Impotence
  • Fraudulently or forcefully getting married
  • Bigamy
  • Criminal conviction
  • Abandoning the spouse without reason
  • Abuse (emotional or physical)
  • Addiction
  • Any other reason specified by the state

This type of divorce requires providing evidence of the wrongdoing and the process can involve a whole lot of strife, deception, private investigators, and false allegations. Moreover, a lot of time can be taken by the courts to resolve such cases. To do away with the long process of divorce, deception, fabrication, and the unpleasantness involved in such court cases, the no-fault divorce was introduced.

What is No-fault Divorce?

In a no-fault divorce, a spouse does not have to say or prove that the other spouse is at fault. It is enough to state that the marriage is not working out because of:

  • Incompatibility
  • Irreconcilable differences
  • Irretrievable breakdown of marriage

However painful and tragic the divorce may be, a no-fault divorce makes it easier for both the spouses as it goes much faster and there is no fabrication or deception involved in the process. Moreover, there is no wasting time proving fault in court.

States and Divorce Rules

As of 2021, only 19 U.S. states are “true” no-fault divorce states. These states do not allow a fault divorce.

The rest are fault-based divorce states, which, however, allow spouses the option to file for a no-fault divorce.

A spouse residing in a fault-based divorce state can file for a fault divorce if she/he has evidence of the offenses committed by the other spouse, and her/his lawyer opines that such evidence can influence the court in property division, alimony, or child custody matters.

However, if a spouse faces budget constraints, or if she/he does not possess hard evidence, or when a speedy divorce is needed, then her/his lawyer may advise filing a no-fault divorce petition in a fault-based divorce state.

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About the Author: Marco Brown
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Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.

WHAT OUR CLIENTS SAY AND WHY

Check out what some of our real life clients had to say about working with Brown Family Law

Brown Family Law
Excellent
4.8
Based on 837 reviews
Great to work with, thanks for everything
Response from the owner: Aaron, glad we could help.
Nathaniel and his team were incredible to work with! They were extremely thorough, responsive to my questions and kept me informed the whole time. I would highly recommend Nathaniel or anyone at Brown Family Law if you’re going through a divorce.
Response from the owner: So glad Nathaniel was able to serve you through your divorce.
Best attorney ever. They were so helpful and responsive
Response from the owner: Thank you, Shaun.
Highly recommend working with this group. Professional and communicative.
Response from the owner: Thank you, Rachell.
So grateful for Nathaniel and his paralegal Carren for helping me get thru my divorce, they were so professional, and kept in contact to update me twice weekly. I would highly recommend them.
Response from the owner: Carol, thank you. Glad Nathaniel and Carren helped you.
Anne-Grayson was wonderful to work with very understanding
Response from the owner: Thank you, David.
Would like to shoutout Andrew Christensen for a smooth and easy process throughout the divorcé process. Andrew was always quick to respond and definitely has your best interests In mind. I would highly recommend you let Andrew represent you for anything in regards to family law! Thank you for everything Andrew! You’re the best!!
Response from the owner: Anthony, thank you for the recomnendation, and we're happy Andrew served you well.
Had a zoom video consultation with Daniel today, he was amazing. Where the divorce was completed a few years ago and now modifications need to happen regarding custody and how far apart the parents can live, Daniel put us at ease as to what can be done, and what were the proper steps. He provided many example scenarios so we could have a much better understanding as to how things would or could happen. He answered each question with great detail. Very grateful for Daniel
Response from the owner: Thank you.
Met with Daniel and he was amazing. He answered every single question I had and never made me feel dumb for the questions I was asking. He made things very easy to understand and follow. So grateful! Keep up the great work!
Response from the owner: Kayla, thank you and so glad Daniel was able to answer your questions and help you.
Daniel Young and Carren Levitt from Brown Family law have been very kind to me during my court process. It’s been a lengthy process and during this process, one of my grandchildren needed surgery. They were very thoughtful and kind and sent flowers to her. I have a cognitive delay, They have been very kind and compassionate and patient with me. The whole staff is truly been kind.
Response from the owner: Thank you, Mariposa. Glad Carren and Daniel took such good care of you.
Had an excellent experience with the staff here. Sofie and Andy are great to talk to. Nice and they know a lot. You can tell they know how to win.
Response from the owner: Chris, glad we were able to take care of you. Thank you.
Dani is amazing and easy to work with. Would definitely recommend working with her.
Response from the owner: Jacob, thank you.
Dani is amazing! Her communication is awesome.
Response from the owner: Yes, Dani is. Glad she communicated so well with you.
Brown Family Law was a very effective, communicative and hard-working representation in my recent case.They were transparent and responsive to my questions and concerns.Kim, Marco and their team were the best group of attorneys to have in my corner.Hopefully I'll never need a Family Law Attorney again, but if I do, I'll be calling Brown Family Law.
Response from the owner: Kyle, glad we could help. Kim enjoyed helping you with your case.
Daniel has been AMAZING to work with. Goes out of his way to what whatever you need.
Response from the owner: Glad Daniel served you well. Thank you for your recommendation.
Dani is great to work with! She responds quickly and is reliable. She knows her stuff!
Response from the owner: Linzi, thank you for your kind words about Dani. Glad she was able to help you with your case.
They are very efficient and Ray was exceptionally efficient, helpful and caring. I definitely recommend them.
Response from the owner: John, we're glad Ray served you so well. Thank you for your kind words.
Sophie was an amazing person to work with. She helped walk me through many of my concerns I had in a clear and concise manner. She regularly followed and reached out with me, making me feel like not just another number.
Response from the owner: Thank you, and so glad Sophie communicated so well with you.
Ray did an outstanding job. Would highly recommend.
Response from the owner: Michael, glad Ray did such a good job for you.
Had an hour consultation. Answered all the questions I had, explained everything in an understandable way and followed up.
Response from the owner: Glad we were able to help, Ariel.
Carren and Jason were very helpful and quick to respond to my questions and concerns as we worked through my divorce, I would recommend them to anyone.
Response from the owner: Thank you, Bill.
I cannot say enough good things about Brown Family Law. Amy was my attorney and she was great! She always listened and responded quickly. Thanks to her, my case was resolved quickly. Thank you, Amy.
Response from the owner: Glad Amy communicated so well with you, James.
Fast and kept me involved. Very professional team.
Response from the owner: Jace, thank you.
When I started my case with Brown Family Law, they had 650 positive reviews. Now, about a year later, they have 820. Not sure how much else you need to convince you, but do yourself a favor and stop looking. You're in the right place.We worked with Nathaniel for nearly a year on our case, and trusting someone with something so vulnerable and close to you as a custody case is difficult, but he made it easy. His knowledge of law and experience with the court system allowed us to make educated decisions quicker. He helped me feel confident in very unfamiliar territory, and having someone like Nate on my team allowed me to make the best decisions possible for our family. He thought of many things I didn't, and gave us the roadmap to success for navigating a complicated and stressful situation. I found myself constantly bragging about our lawyer to family and expressing how impressed I was in his skill and his fearless nature of getting sh** done. Nate got that dawg in him, yanno what I mean?I like the way Brown Family Law works with their clients; it's different than other law firms, and I can see the benefits of those differences. It's always easy to contact someone at the office, and I get a response very quickly. They are extremely communicative, fast, and thorough. They run a tight ship, and it's obvious the quality differences from other law firms.This is a big and heavy decision, but Brown Family Law will take a lot of that weight off your shoulders. Ask for Nate--you won't be led astray.
Response from the owner: Christie, thank you. So glad Nathaniel was able to help you and that we were able to communicate with you so quickly.
This firm is awesome but special shoutout to Dani, she is an outstanding paralegal. She is very knowledgeable
Response from the owner: Thank you very much for your kind words about Dani.
I can't say enough about Russell Yauney at Brown Family Law! He has helped me on multiple cases over the years and has always exceeded my expectations. Russell is one of the good guys who isn't afraid to tell you how it is and isn't afraid to stand up and fight for what is right. I'm glad that I have Russell and his team in my corner!
Response from the owner: Karl, glad Russell served you well.
very helpful to fathers who have been broke by the system and targeted for vaporization(1984). Thank you brown family law.
Response from the owner: You're welcome, Ryan. And thank you for the kind words.
Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!
Response from the owner: Samantha, thank you and so glad Nathaniel did such a good job for you.
Used Nathaniel Garrabrandt for a child custody case. He is very good, very professional and available. Having been through this a few times that communication is very important. The only warning, and this isnt just Nate per se, but very very costly.
Response from the owner: Danny, thank you for recommendation. Glad Nathaniel has been able to help you.
I've witnessed firsthand how Brown Family Law works hard to care for their clients. They train their staff and attorneys on more than just the law, but how to serve clients with care and integrity.
Response from the owner: Thank you, Amber.
Amber McFee Super hard working , determined, while always fight for what is right
Response from the owner: Glad we could help.
Lei was something special. She was very understanding of our situation and her advice and listening ear made our decision and path forward clear. Thank you!
Response from the owner: Adam, you're welcome, and thank you.
Andrew did a great on my case. Communication was consistent, to the point and he kept me well informed. I also had the pleasure working with Clay. Top notch firm, very confident, and I would highly recommend them if you want to win. Thanks again team ~D
Response from the owner: Dan, thank you, and glad Andrew helped you so well.
Lei the office manager helped tremendously with all hiccups that we ran into and was very responsive and knowledgeable! She is a Rockstar and makes Brown Family Law worthy of 5 stars
Response from the owner: Thank you.
Sierra was so helpful right from the moment she answered our call. She gave all her support and resources and made sure to ask if we needed anything else before moving forward. Thank you so much!
Response from the owner: Thank you, Mel. Glad Sierra was able to help.
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What Makes Us Different

At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.