In New Jersey, there are several "fault-based" grounds and one "no fault" cause of action for divorce. In most cases, fault has no bearing on how marital assets will be divided or on how support and alimony issues will be decided. Many lawyers and judges consider the concept of marital fault to be dead in New Jersey absent truly bizarre circumstances. In rare cases, the Court may consider the grounds for divorce as a factor in determining alimony.

Although fault must be proven in court to establish grounds for divorce, it is not considered when determining issues of property division or awards of maintenance. In other words, marital misconduct is irrelevant. The only time it is considered by the court, is when one spouse has dissipated marital assets (e.g., spouse spent marital funds for purposes unrelated to the marriage at a time of an irretrievable breakdown of the marriage).

No, if the parties agree to the divorce and settle the case without a trial, which is called an irreconcilable differences divorce.

New York has six grounds for divorce: Cruel and inhuman treatment, adultery, abandonment for a full year or more, imprisonment for three years or more, living separately for one year under a separation judgment granted by a Court, or living apart for one year under a separation agreement, that allows the parties to convert the judgment or agreement into a final judgment of divorce.

Texas is a no-fault divorce state which means that it is unnecessary to show that either party was at fault in order to obtain a divorce. It is only necessary to show that there is marital discord and there is no reasonable expectation of reconciliation. However, many fault issues (adultery, cruelty, etc.) are frequently relevant factors in divorce cases because they can have an impact on how the community property is divided, or how custody is decided.

Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce.

Under the Alabama divorce law the couple has to be separated for 2 years before filing for a no fault divorce.

Yes. It means that the Court won't try to assign blame to either spouse for the failure of the marriage and that there doesn't need to be a specific reason to get a Divorce.

No. North Carolina is a no-fault divorce state whereby either spouse may obtain an absolute divorce based on one year's separation (the only other ground is proving incurable insanity, which is rarely used).