People search for a "no-fault agreement" meaning two different things, and mixing them up causes real confusion. One is the legal ground for the divorce itself. The other is the settlement paperwork spouses sign once they agree on terms. Neither one requires your spouse's permission to start a case, but one of them absolutely requires their signature to finish it.
Key Takeaway: No-fault grounds, used in California, Florida, and every other state, let you file for divorce without proving your spouse did anything wrong, and without their agreement. A marital settlement agreement is a different, voluntary document that both spouses have to sign before a case can be finalized without a trial.
What Is a No-Fault Agreement?
"No-fault agreement" is not an official legal term or a specific court form. It generally points to one of two things:
- The no-fault ground itself. Every state now lets a spouse file for divorce by stating the marriage is broken, without alleging adultery, cruelty, abandonment, or another traditional fault ground.
- A marital settlement agreement (MSA). A written contract where both spouses lay out how they will divide property and debt, and, if applicable, custody and support, so the case can proceed as uncontested rather than going to trial.
The first does not need your spouse's cooperation. The second does, since a settlement agreement is only a settlement once both sides sign it.
How Does It Relate to No-Fault Divorce Grounds?
No-fault grounds changed what a spouse has to prove to get divorced. Before no-fault laws spread nationwide, many states required a spouse to show the other committed a specific wrong, adultery or abandonment, for example, before a court would grant a divorce. No-fault grounds replaced that requirement with a simple statement that the marriage cannot be repaired.
That single change is why one spouse can file for divorce even if the other spouse objects. The court does not need to weigh blame. It only needs to find that the marriage meets the state's no-fault standard, which is a lower and more neutral bar than proving fault.
California: No-Fault Grounds and Settlement Agreements
California is a no-fault state. Family Code Section 2310 allows dissolution or legal separation based on irreconcilable differences that have caused the irremediable breakdown of the marriage, or permanent legal incapacity to make decisions. California does not require either spouse to prove the other was at fault, and it does not require the other spouse to consent for a case to proceed.
If spouses want to resolve property, debt, support, and custody without a trial, they typically sign a marital settlement agreement, which becomes part of the final judgment once the court approves it. Our guide, Marital Settlement Agreement California, walks through what the document covers and how it gets filed.
Florida: No-Fault Grounds and Marital Settlement Agreements
Florida is also a no-fault state. Under Florida Statute 61.052, a judgment of dissolution of marriage requires either that the marriage is irretrievably broken, or that one party has been adjudged mentally incapacitated for at least three years. As in California, neither spouse has to prove the other did something wrong, and the other spouse's agreement is not required to file.
Florida's version of the settlement document is Florida Supreme Court Approved Family Law Form 12.902(f), Marital Settlement Agreement. Our guide, Florida Form 12.902(f): Marital Settlement Agreement, covers what it includes and how it fits into an uncontested Florida case.
Do Both Spouses Need to Sign It?
This depends entirely on which "no-fault agreement" you mean.
- The no-fault ground: No. Filing on a no-fault ground is a statement in the petition itself, not a document the other spouse signs, and their agreement is not required to start or continue the case.
- A marital settlement agreement: Yes. Both spouses have to sign, and most courts require the signatures to be notarized or made under penalty of perjury before the agreement can be attached to the final judgment. If one spouse refuses to sign, the disputed terms go to a judge to decide instead.
Other States
Every state now allows a form of no-fault divorce, but the exact wording of the ground, and whether a waiting period applies, varies. Some states use language close to California's "irreconcilable differences." Others use "irretrievable breakdown," similar to Florida. A handful of states still let a spouse allege a fault ground as an alternative option, even though a no-fault option also exists. Confirm the specific ground and any waiting period with your own state court's self-help resources before assuming California's or Florida's rule applies where you live.
Frequently Asked Questions
What is a no-fault agreement in a divorce?
People generally use the phrase two ways. Sometimes it means the no-fault ground itself, the legal basis for the divorce that does not require proving either spouse did anything wrong. Other times it means a written marital settlement agreement the spouses sign to resolve property, support, and custody without a contested trial. The two are related but not the same document.
Does my spouse have to agree before I can file for a no-fault divorce?
No. No-fault grounds, such as California's irreconcilable differences or Florida's irretrievable breakdown, do not require the other spouse's consent or agreement. One spouse can file and the case can proceed even if the other spouse disagrees or does not respond, though a contested case takes longer than one where both spouses cooperate.
Is a no-fault agreement the same as a marital settlement agreement?
Not exactly. A marital settlement agreement is a separate, voluntary contract where both spouses agree on how to divide property and debts, and how to handle support and custody if applicable. Filing on no-fault grounds does not require a settlement agreement, but signing one is usually what turns a case into a fully uncontested divorce that can finish without a trial.
Do both spouses have to sign a marital settlement agreement?
Yes. A marital settlement agreement is only binding once both spouses sign it, and most courts require it to be notarized or signed under penalty of perjury. If one spouse will not sign, the case is not fully settled, and the terms that are still in dispute will need to be decided by a judge instead.
What are the no-fault grounds for divorce in California?
Under California Family Code Section 2310, dissolution or legal separation can be granted based on irreconcilable differences that have caused the irremediable breakdown of the marriage, or permanent legal incapacity to make decisions. Neither ground requires either spouse to prove the other was at fault.
What are the no-fault grounds for divorce in Florida?
Under Florida Statute 61.052, no judgment of dissolution of marriage can be granted unless the marriage is irretrievably broken, or one party has been adjudged mentally incapacitated for at least three years. Florida, like California, does not require either spouse to prove fault such as adultery or cruelty.
Are all states no-fault now?
Every state allows divorce on some no-fault ground today, though the exact wording and any waiting period differ by state. Some states, including California and Florida, only recognize no-fault grounds. Others still let a spouse allege fault grounds as an additional option. Check your state court's self-help site for the specific ground and procedure that applies where you live.
How Virdix Helps
Virdix guides you through your state's questions in plain language and keeps your answers consistent across your case, including the sections that feed into a marital settlement agreement once you and your spouse are ready to finalize terms.
- No-fault filing, either state, mapped to California Family Code Section 2310 or Florida Statute 61.052
- Consistency checks, so answers about property, support, and custody carry through to every related form, including your settlement agreement
- A one time $79 launch price through October 31, 2026, published at virdix.co/pricing
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed family law attorney in your state.
Sources: California Family Code Section 2310 (leginfo.legislature.ca.gov); Florida Statute 61.052 (leg.state.fl.us).