Generally, if either party wishes to dissolve a marriage, it is possible for that party to do so. However, a waiting period may be necessary before the divorce can be finalized.
What are the requirements necessary for obtaining a divorce?
Divorce law is determined on a state-by-state basis, so the rules where you live may differ from the rules of another state. Generally, there are two different types of divorce that are recognized under the law. These two types of divorce are:
What is fault divorce?
If you wish to get a fault divorce, or if your state allows only fault divorce, then there must be a reason for that divorce. Reasons typically include adultery, an inability to engage in sexual intercourse, the incarceration of one spouse in prison, or various other "grounds" for divorce. Some states have done away with the concept of a fault divorce entirely, while in other cases a fault divorce may be possible if you can prove that there are grounds under your state law.
What is no fault divorce?
If one party wishes to get a divorce just because he or she is tired of being married, and there is no "reason" for the divorce, then this divorce will generally be classified as a no fault divorce. Specific grounds are not required for a no fault divorce; the parties may simply state that they have irreconcilable differences or that they would rather not be married any longer.
This doesn't mean that either party can execute a no fault divorce at any time for any reason. The exact requirements for what spouses must do to obtain a no fault divorce vary by state, but generally, if you’d like to be divorced, you will need to live apart for a set period of time before an official divorce can be granted. In some states, you may also need to go through a legal separation process before you may get a no fault divorce.
Should I get help?
As soon as you begin contemplating divorce for any reason, you should strongly consider speaking with a lawyer. Your attorney can assist you in deciding if a no fault divorce is right for you and can help you to take the steps necessary to fulfill the requirements for a no fault divorce in your state.