No-Fault Divorce

A divorce that does not require proving wrongdoing by either spouse. Available in all 50 US states. Generally does not affect prenup enforceability.

No-fault divorce — available in every US state — allows couples to divorce without proving adultery, cruelty, abandonment, or other traditional grounds. The grounds are usually "irreconcilable differences" or "irretrievable breakdown."

No-fault divorce generally doesn't affect prenup enforceability. The reason for divorce isn't the question; the question is whether the prenup, as a contract, meets the state's validity requirements. Prenups may, however, include "fault" provisions that adjust property division based on misconduct — those are enforceable in some states, void in others.