No fault divorce means that evidence of specific acts of misconduct or fault no longer serve as basis for the granting of a dissolution of marriage. All that matters in no fault divorce is that there is no reasonable prospect of reconciliation between the parties, except in cases concerning child custody, and the misconduct or fault in issue is related to the care and custody of a child. In no fault divorce the dissolution of the marriage does not affect property distribution or spousal rights. However, adultery may have a bearing on the equitable distribution of the marital assets, if the adulterous spouse has expended marital funds on the adulterous affair.

What is a fault divorce?

Fault divorce, as opposed to no-fault divorce,  is one in which specific acts of misconduct or fault serve as basis for the granting of a dissolution of marriage, that is, one party blames the other for the failure of the marriage by citing a wrongdoing.

Under fault divorce, the grounds can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease. In some states, the respective rights to distribution of property and spousal support can be affected by a spouse's fault in causing the breakdown of the marriage.