Can a No Fault Divorce Be Contested? (w/Examples) + FAQs

Yes, a no-fault divorce can be contested — but not in the way most people think. You cannot stop the divorce from happening just because you disagree with it. What you can contest are the terms of the divorce: how property gets divided, who gets custody of the children, and whether spousal support is fair.

Here is the critical distinction that trips people up. Under every state’s no-fault divorce statute, one spouse can file for divorce by citing “irreconcilable differences” or an “irretrievable breakdown of the marriage,” and the other spouse cannot object to the dissolution itself. The problem — and the reason contested no-fault divorces cost between $11,000 and $25,000 on average — is that the ancillary issues tied to the divorce create fierce legal battles over money, children, and property.

According to the U.S. Census Bureau, the crude divorce rate in 2022 was 2.4 per 1,000 people, down from 4.0 in 2000. Yet over 90 percent of all divorces cite irreconcilable differences as the reason, which means no-fault filings dominate the system. The contested ones — those that drag on for months or years — are the ones where the terms could not be agreed upon.

Here is what you will learn in this article:

• ⚖️ The specific legal difference between contesting the divorce itself and contesting the terms of a no-fault divorce
• 🏠 How property division, child custody, and spousal support get fought over in real-world no-fault cases — with examples
• 📜 Which states are “true” no-fault states, which are hybrid states, and what that means for your case
• 💰 Common and costly mistakes that turn a simple no-fault divorce into an expensive contested battle
• 🔍 Actual court rulings where spouses tried — and failed — to block a no-fault divorce

What No-Fault Divorce Actually Means

A no-fault divorce is a type of divorce where neither spouse has to prove the other did something wrong. The filing spouse tells the court that the marriage has irretrievably broken down, and that is enough to start the process. There is no requirement to air private grievances about infidelity, abuse, or abandonment in open court.

Before no-fault divorce existed, spouses had to prove fault — things like adultery, cruelty, or desertion — before a judge would grant a divorce. This created a system where people often lied under oath and fabricated misconduct just to get out of a marriage. The no-fault system was designed to eliminate that perjury problem.

Today, depending on your state, the language used on the filing paperwork may say “irreconcilable differences,” “irretrievable breakdown,” or simply “incompatibility.” All of these phrases mean the same thing: the marriage is broken beyond repair, and at least one spouse wants out. The Legal Information Institute at Cornell Law explains that in a no-fault divorce, “the process is initiated unilaterally by the filing spouse and the other spouse cannot object.”

This does not mean the divorce will be smooth. It only means the reason for the divorce is off the table as a point of argument.

How No-Fault Divorce Became Law in All 50 States

California was the first state to implement no-fault divorce in 1970, after Governor Ronald Reagan signed the Family Law Act. Reagan reportedly pushed for the law because his first wife, actress Jane Wyman, had sued him for divorce in 1948 on the ground of “mental cruelty,” and he understood how damaging fault-based proceedings could be.

By 1979, forty-seven states had adopted some form of no-fault divorce. New York was the last state to enact no-fault divorce in 2010, allowing one party to cite an irretrievable breakdown of the marriage for at least six months. Today, all 50 states and Washington, D.C. offer no-fault divorce.

The shift happened because the old system caused more harm than it prevented. Couples were forced to publicly accuse each other of misconduct. Attorneys coached clients to fabricate grounds for divorce. Courts were clogged with messy, drawn-out trials. No-fault divorce removed blame from the equation and let families move forward with less emotional damage.

Can You Contest the Divorce Itself?

In most states, no. If one spouse files for a no-fault divorce, the other spouse cannot block the divorce from happening. The grounds — irreconcilable differences — are not subject to trial in most jurisdictions. As one Reddit attorney explained, “The grounds of a no-fault divorce cannot be contested. The terms of a no-fault divorce can be contested, but a no-fault divorce itself cannot be contested.”

However, this is not universally true. A 2025 article in the Journal of the American Academy of Matrimonial Lawyers revealed a shocking case: in New Jersey, a woman’s right to a no-fault divorce was subjected to a four-day trial where the sole issue was whether she truly had irreconcilable differences with her husband. The court granted the divorce, but her ex-husband appealed, asking the appellate court to force her back into the marriage. The appellate court affirmed the divorce in Steiner v. Steiner (2021), but also affirmed that the trial itself was proper.

The article concluded that “similar cases have played out in other jurisdictions” and that this scenario “could happen under the governing statutes and case law in almost all of them.” In other words, while most no-fault divorces proceed without challenge to the grounds, some states still allow a spouse to force a trial on whether the marriage is truly broken.

The bottom line: you cannot prevent a divorce. But in some states, you can delay it by challenging whether the marriage has irretrievably broken down. This delay can cost both spouses tens of thousands of dollars.

What Can Be Contested in a No-Fault Divorce

Even though the divorce itself is hard to stop, the terms of the divorce are fair game for dispute. These are the issues that turn a no-fault filing into a contested divorce:

• Property and asset division — Who keeps the house? How are retirement accounts split? What about the family business?
• Debt allocation — Credit card debt, mortgages, student loans, and other debts incurred during the marriage must be divided.
• Child custody — Where the children live, who makes major decisions about schooling and medical care, and how parenting time is shared.
• Child support — The financial support one parent pays to the other for the children’s needs.
• Spousal support (alimony) — Whether one spouse will pay the other financial support, how much, and for how long.

A divorce becomes officially contested the moment spouses disagree on any of these issues. Even a single unresolved disagreement — like who gets the family dog — is enough to shift the case from uncontested to contested.

In Illinois, for example, the law requires irreconcilable differences as the only ground for divorce under 750 ILCS 5/401(a). But even with that simple filing, disputes over finances, parenting time, or property can create months — sometimes years — of litigation.

Scenario 1: Fighting Over Property Division

Meet Sarah and David. They have been married for 15 years, own a home together, and have joint retirement accounts. Sarah files for a no-fault divorce in California, a community property state. David does not contest the divorce itself, but he contests how their property should be divided.

In community property states like California, the default rule is a 50/50 split of all income, assets, and debts acquired during the marriage. But wasteful dissipation — where one spouse deliberately depletes marital assets before filing — can shift that split. If a court finds that one spouse spent marital money on an affair, gambling, or extravagant personal purchases, it can award the other spouse a larger share to make up for the loss.

Scenario 2: Fighting Over Child Custody

Meet James and Maria. They have two young children and live in New York. Maria files for a no-fault divorce. James does not want to lose time with his kids and contests the custody arrangement.

In New York, after a spouse files for divorce, the other may file a “Notice of Appearance” to contest the terms. If the couple cannot agree, the court schedules a preliminary conference, then a pretrial conference, and — if there is still no agreement — a full trial. One spouse earning more than the other can even be ordered to pay the other spouse’s attorney fees to level the playing field.

Child custody disputes are often the most emotionally charged part of any contested divorce. Courts across the country use the “best interests of the child” standard, which weighs factors like each parent’s living situation, emotional bond with the child, and willingness to support the child’s relationship with the other parent.

Scenario 3: Fighting Over Spousal Support

Meet Robert and Lisa. They have been married for 22 years. Lisa left her career to raise their children, and Robert became a high earner. Robert files for a no-fault divorce in Virginia. Lisa contests the amount and duration of spousal support.

Spousal support is not guaranteed in a no-fault divorce. Judges look at several factors, including the length of the marriage, each spouse’s income and earning potential, contributions to the household, and the age and health of both parties. In long-term marriages — typically those lasting 20 years or more — courts are more likely to award long-duration or permanent alimony.

True No-Fault States vs. Hybrid States

Not all states treat no-fault divorce the same way. There are 15 “true” no-fault states where fault-based grounds do not exist at all. In these states, couples can only file on no-fault grounds:

Arizona, California, Colorado, Florida, Hawaii, Iowa, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Oregon, Tennessee, and Washington.

The remaining 35 states are “hybrid” states — they offer no-fault divorce and traditional fault-based grounds like adultery, cruelty, abandonment, or imprisonment. States like Texas, Virginia, New York, and Louisiana fall into this category. In hybrid states, proving fault can sometimes influence how a judge divides property or awards alimony.

Why does this matter? In a true no-fault state, your spouse’s bad behavior during the marriage cannot be used as leverage in property or alimony negotiations (with some exceptions for child custody). In a hybrid state, you may have the strategic option of filing on fault grounds to seek a larger share of property or more favorable alimony terms. This is an important conversation to have with a family law attorney.

Community Property vs. Equitable Distribution

How your property gets divided depends on which state you live in. There are two systems in the United States:

In community property states, a judge’s hands are largely tied — the marital pot gets split down the middle. In equitable distribution states, a judge has discretion to weigh factors like the duration of the marriage, each spouse’s income, non-financial contributions (homemaking, childcare), and even marital misconduct in some states.

This distinction becomes critical in contested divorces. In a community property state, there is less to argue about because the rule is clear. In an equitable distribution state, both sides have room to argue for a more favorable split, which often results in longer and more expensive litigation.

Waiting Periods and Separation Requirements

Many states impose a mandatory waiting or separation period before a no-fault divorce can be finalized. These periods vary widely:

• Nevada — No waiting period
• California — Six months from the date divorce papers are served
• Illinois — No mandatory statutory waiting period; requires 90 days of residency
• Virginia — Six months if no minor children and a written separation agreement; otherwise, one year
• North Carolina — One year of continuous separation
• South Carolina — One year of separation
• Arkansas — 18 months of separation on certain no-fault grounds

These waiting periods serve two purposes. First, they give couples time to reconsider their decision and potentially reconcile. Second, they provide time to prepare for the legal, financial, and emotional complexities of divorce.

In Virginia, the Supreme Court ruled in Lisann v. Lisann (2025) that a spouse’s intent to permanently separate must “predominate throughout the statutory period,” not just exist at the beginning. This means that if you reconcile briefly during a separation period, you may need to restart the clock.

Covenant Marriage: When Divorce Is Harder by Design

Three states — Arizona, Arkansas, and Louisiana — offer a special type of marriage called a covenant marriage. Couples who enter into a covenant marriage agree to stricter conditions for divorce. They must complete pre-marital counseling, sign a Declaration of Intent, and agree to seek marital counseling before divorcing.

In a covenant marriage, you can only divorce for limited reasons: adultery, physical or sexual abuse, commission of a felony, substance abuse, or living separately for one to two years. You cannot simply cite irreconcilable differences. This makes covenant marriages an exception to the standard no-fault rules. However, fewer than 1 percent of marriages in these states are covenant marriages.

The Contested Divorce Process: Step by Step

If your no-fault divorce becomes contested, here is what the legal process generally looks like:

1. Filing the Petition — One spouse files a Petition for Dissolution of Marriage with the local family court.
2. Serving the Other Spouse — The filing spouse must formally deliver (serve) the divorce papers to the other spouse.
3. Filing a Response — The receiving spouse has a deadline (usually 30 days) to file a response or a counter-petition.
4. Financial Disclosure — Both spouses must exchange complete financial information, including income, assets, debts, and expenses.
5. Discovery — If disputes exist, both sides may conduct formal discovery, including interrogatories, document requests, and depositions.
6. Mediation — Most courts require mediation before allowing a case to proceed to trial. A neutral mediator helps the couple negotiate.
7. Trial — If mediation fails, the case goes to trial. A judge hears evidence from both sides and makes binding decisions on all disputed issues.
8. Final Judgment — The judge signs a divorce decree that becomes the official, enforceable order.

Each of these steps takes time and money. A simple contested divorce starts at around $10,000, while highly contested cases with custody battles and complex assets can easily exceed $50,000 to $100,000.

What Happens If a Spouse Refuses to Respond

Some people believe that ignoring divorce papers will stop the divorce. It will not. If a spouse does not respond to the filing within the legal deadline (typically 30 days), the filing spouse can petition for a default judgment.

A default judgment means the court moves forward without the non-responding spouse’s input. The judge only hears one side of the story and typically grants the divorce on the terms the filing spouse requested. This can include property division, custody arrangements, and spousal support — all decided without the absent spouse’s preferences being considered.

The non-responding spouse will still be notified before the default order is issued, giving them one more chance to participate. But once the default is entered, it is extremely difficult to undo. In short, refusing to participate in a divorce is one of the worst legal decisions a person can make.

Mediation vs. Trial in a Contested Divorce

When a no-fault divorce becomes contested, couples generally face two paths: mediation or trial.

Mediation involves a neutral third-party mediator who helps the couple negotiate agreements on disputed issues. The mediator does not make decisions — the couple does. Mediation is private, less adversarial, and less expensive than trial. Most mediation sessions cost between $2,000 and $8,000 total.

Trial (litigation) means a judge hears evidence, witnesses, and legal arguments from both sides and then makes binding decisions. Trials are public, expensive, and emotionally exhausting. They can take months or even years to complete. In California, almost all couples who file a contested divorce are referred to mediation first before a court will agree to schedule a trial.

Most contested divorces settle before reaching trial. But when safety is a concern — such as cases involving abuse, hidden assets, or one spouse refusing to negotiate in good faith — litigation may be the only option.

Dissipation of Marital Assets

One of the most serious accusations in a contested no-fault divorce is dissipation of marital assets. This happens when one spouse intentionally wastes money or depletes the marital estate before or during the divorce.

Common examples of dissipation include:

• Spending large amounts of money on an extramarital affair (gifts, travel, hotel stays)
• Excessive gambling or drug use
• Going on extravagant shopping sprees
• Transferring assets to friends or family members to hide them from the court
• Incurring massive debt right before filing

When a court finds dissipation, the consequences are serious. The court can adjust the property division to compensate the other spouse, effectively crediting them the wasted amount. The spouse who dissipated assets may also be ordered to reimburse the marital estate before any division takes place. The accusing spouse must show that the spending occurred during the marriage breakdown and served no legitimate marital purpose.

Court Rulings Where Spouses Tried to Block a No-Fault Divorce

Several court cases illustrate what happens when a spouse tries to contest or stop a no-fault divorce:

Sharma v. Sharma (Kansas, 1983) — Mr. Sharma filed for divorce. Mrs. Sharma contested the divorce on religious grounds, arguing that under the Hindu religion, divorce is not allowed, and granting one would violate her First Amendment rights. The Kansas Court of Appeals affirmed the divorce, ruling that while the freedom of belief is absolute, the state’s interest in regulating the civil institution of marriage outweighed one spouse’s religious objection. The court noted it was only dissolving the civil and legal aspects of the marriage — the ecclesiastical aspects were not the court’s concern.

Steiner v. Steiner (New Jersey, 2021) — A wife filed for a no-fault divorce. Her husband refused to accept that the marriage was over, forcing a four-day trial where the sole issue was whether she truly had irreconcilable differences. The trial court granted the divorce. The appellate court affirmed the divorce but held the trial itself was proper, and reversed the wife’s attorney fee award — meaning she had to pay for the trial her husband forced.

Lisann v. Lisann (Virginia, 2025) — The husband and wife disagreed on when their separation actually began. The wife claimed they separated in 2014. The husband claimed the date was 2018. The Supreme Court of Virginia ruled that the intent to permanently separate must predominate throughout the statutory period and affirmed the trial court’s finding in favor of the wife.

These cases show that while courts overwhelmingly grant no-fault divorces, the process of getting there can be delayed, expensive, and emotionally draining.

Mistakes to Avoid When Contesting a No-Fault Divorce

These are specific, common errors that can hurt your case and cost you money:

• Moving out of the marital home too soon — Leaving your home before filing can weaken your custody position and give your spouse leverage in negotiations. Courts may view it as voluntary abandonment of your children.
• Hiding assets or income — Failing to disclose all financial information is not just unethical — courts penalize it severely. Judges can award your spouse a greater share of assets or hold you in contempt of court.
• Having unrealistic expectations — Demanding 100 percent custody or 80 percent of the home equity is unreasonable and will destroy any chance of an uncontested resolution.
• Ignoring the divorce papers — Failing to respond within the deadline leads to a default judgment, where the court grants the divorce on the other spouse’s terms.
• Hiring the wrong attorney — A cheap or inexperienced lawyer can cost you far more in the long run. Choose someone with specific experience in contested family law in your state.
• Refusing to mediate — Courts view a refusal to participate in mediation as uncooperative and bad faith, which can influence custody and support rulings.
• Using children as leverage — Withholding visitation, badmouthing your spouse to the children, or involving kids in the dispute will backfire in court.
• Posting on social media — Photos of new purchases, vacations, or a new relationship can be used as evidence of wasteful dissipation or an unstable living situation.

Do’s and Don’ts of Contesting a No-Fault Divorce

Do’s:

• Do hire a family law attorney who practices in your state — divorce laws vary dramatically by jurisdiction.
• Do respond to all court filings by the deadline — silence is treated as agreement or default.
• Do fully disclose every asset, debt, and source of income — transparency protects you from penalties.
• Do attend mediation with an open mind — most contested divorces settle before trial.
• Do document everything — keep records of financial transactions, communications, and parenting contributions.
• Do consider the tax implications of any divorce settlement — property transfers and alimony can have significant tax consequences.

Don’ts:

• Don’t try to delay the divorce by refusing to cooperate — it will only increase your legal costs.
• Don’t empty joint bank accounts or max out credit cards — this is considered dissipation and courts punish it.
• Don’t violate any court orders, including temporary custody or support orders — violations result in contempt of court.
• Don’t represent yourself in a contested divorce unless you have legal training — the stakes are too high.
• Don’t sign any agreement under pressure — take the time to have an attorney review every document before signing.
• Don’t assume that because your state is no-fault, the judge will not consider misconduct — in hybrid states, fault can still affect alimony and property division.

Pros and Cons of Contesting a No-Fault Divorce

Pros:

• Protects your financial rights — Contesting ensures you receive a fair share of marital assets rather than accepting an unfavorable deal.
• Secures custody arrangements — You can fight for a parenting schedule that serves your children’s best interests.
• Addresses hidden assets — The discovery process in a contested divorce can uncover assets your spouse tried to hide.
• Prevents unfair alimony terms — Contesting allows you to present evidence about earning capacity, contributions, and financial needs.
• Provides a formal record — Court orders from contested divorces are legally enforceable, creating a clear structure for both parties going forward.

Cons:

• Expensive — Contested divorces cost between $11,000 and $25,000 on average, and complex cases regularly exceed $50,000.
• Time-consuming — The process can take months or years to resolve.
• Emotionally draining — Courtroom battles create lasting animosity and can damage co-parenting relationships.
• Loss of control — In a trial, a judge decides the outcome — not you. The result may be worse than what you could have negotiated through mediation.
• Public record — Unlike mediation, court proceedings are part of the public record, meaning private financial and family details become accessible.

FAQs

Can my spouse stop a no-fault divorce from happening?
No. In most states, one spouse filing for no-fault divorce is enough. The other spouse cannot block the dissolution of the marriage, only contest the terms.

Is a no-fault divorce the same as an uncontested divorce?
No. A no-fault divorce refers to the grounds for filing. An uncontested divorce means both spouses agree on all terms. A no-fault divorce can still become contested.

Can I file for fault-based divorce instead of no-fault?
Yes, but only in the 35 hybrid states that still allow fault grounds like adultery, cruelty, or abandonment. The 15 true no-fault states do not allow it.

How long does a contested no-fault divorce take?
It varies. A contested divorce can take anywhere from several months to over two years, depending on the issues and the court’s schedule.

Do I need a lawyer for a contested divorce?
Yes. Contested divorces involve legal filings, financial discovery, and potential trial. Representing yourself risks unfavorable outcomes on custody, property, and support.

Can fault affect property division in a no-fault divorce?
Yes, in some states. In hybrid states like Virginia and Texas, proof of fault can influence how a judge divides property or awards alimony.

What happens if I ignore divorce papers?
The court proceeds without you. A default judgment grants the divorce on the filing spouse’s terms, including custody and support.

Can religious beliefs stop a no-fault divorce?
No. Courts dissolve the civil marriage, not the religious one. In Sharma v. Sharma, a Kansas court ruled that religious objections do not override state divorce law.

What is a covenant marriage?
Yes, it exists in three states. A covenant marriage in Arizona, Arkansas, or Louisiana requires pre-marital counseling and limits divorce to specific fault-based reasons.

Can I contest spousal support in a no-fault divorce?
Yes. Spousal support amounts and duration are among the most contested issues. Courts consider income, marriage length, and each spouse’s financial needs.

Does mediation work for contested divorces?
Yes. Most contested divorces settle through mediation before reaching trial. It is faster, cheaper, and gives both spouses more control over the outcome.

Can I change my divorce from contested to uncontested?
Yes. If spouses reach agreement on all disputed issues at any point, they can submit a settlement agreement and convert the case to uncontested.