Divorce grounds

Complete incompatibility of temperament such that the parties can no longer live together, upon the court’s satisfaction from the testimony; or a court finding of irretrievable breakdown and that further reconciliation attempts are impractical or futile and not in the best interests of the parties or family (§30-2-1(a)(7), (9)). Section 30-2-2 also permits divorce after a final bed-and-board or separate-maintenance judgment has been in force more than two years.

Authority

Ala. Code §§ 30-2-1, 30-2-2, 30-2-8.1, 30-2-40.

Grounds without a misconduct showing

Complete incompatibility of temperament such that the parties can no longer live together, upon the court’s satisfaction from the testimony; or a court finding of irretrievable breakdown and that further reconciliation attempts are impractical or futile and not in the best interests of the parties or family (§30-2-1(a)(7), (9)). Section 30-2-2 also permits divorce after a final bed-and-board or separate-maintenance judgment has been in force more than two years.

Other grounds and proof conditions

The other §30-2-1 grounds include physical and incurable incapacity at marriage; adultery; voluntary abandonment from bed and board for the year immediately before filing; two years in a penitentiary on a sentence of seven years or longer; the specified crime against nature; addiction after marriage to habitual drunkenness or the specified drugs; and mental-hospital confinement after marriage for five successive years with hopeless, incurable insanity at filing and the superintendent’s certified sworn opinion after full study and examination. The statute also includes the wife’s pregnancy at marriage without the husband’s knowledge or agency; actual violence attended with danger to life or health or reasonable apprehension of such violence; and the wife’s two years apart without the husband’s support immediately before filing, with bona fide Alabama residence throughout that period. These include status conditions as well as misconduct.

Separation

None for no-fault. (3) abandonment one year. (12) wife-only two years apart without support

Timing

30 days from filing, § 30-2-8.1

Relief without dissolution

Yes, § 30-2-40

Incompatibility of temperament supports divorce. A distinct dissolution procedure uses incompatibility causing irremediable breakdown, with requirements that differ for joint and individual petitions.

Authority

Alaska Stat. §§ 25.24.050, .200, .220, .400. Alaska R. Civ. P. 90.1(c).

Grounds without a misconduct showing

Incompatibility of temperament supports divorce. A distinct dissolution procedure uses incompatibility causing irremediable breakdown, with requirements that differ for joint and individual petitions.

Other grounds and proof conditions

9: failure to consummate, adultery, felony conviction, willful desertion 1 yr, cruel and inhuman treatment, personal indignities, habitual gross drunkenness 1 yr, incurable mental illness with 18 months' confinement, drug addiction

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

The hearing must be at least 30 days after filing under Civil Rule 90.1(c), subject to a good-cause exception.

Relief without dissolution

Yes, AS 25.24.400, ch. 80 SLA 2002

Ordinary marriage: irretrievable breakdown. A denial produces a hearing and possible reconciliation continuance, not a permanent consent veto. Covenant grounds are separately stated below.

Authority

A.R.S. § 25-312 ; covenant § 25-903

Grounds without a misconduct showing

Ordinary marriage: irretrievable breakdown. A denial produces a hearing and possible reconciliation continuance, not a permanent consent veto. Covenant grounds are separately stated below.

Other grounds and proof conditions

No ordinary misconduct ground. The covenant-marriage grounds must not be merged into the ordinary list.

Separation

None (covenant: 2 yrs apart, or 1 yr after legal separation)

Timing

60 days after service or acceptance of process under § 25-329. Breakdown-denial procedures are in § 25-316.

Relief without dissolution

Yes, § 25-313

Covenant marriage: separate rules

Arizona, § 25-903: adultery, a felony sentence to death or imprisonment, one-year abandonment with the stated refusal to return, qualifying abuse or domestic violence, two years apart, one year apart after a legal-separation decree, habitual alcohol or drug abuse, or both spouses’ agreement to dissolve. The consent ground is an important difference from the other covenant designs. [3]

18 continuous months living separate and apart without cohabitation, regardless of fault. Covenant marriages have a separate statutory list.

Authority

Ark. Code Ann. § 9-12-301(b)

Grounds without a misconduct showing

18 continuous months living separate and apart without cohabitation, regardless of fault. Covenant marriages have a separate statutory list.

Other grounds and proof conditions

8: impotence, felony or infamous crime, habitual drunkenness 1 yr, cruel and barbarous treatment, indignities, adultery, incurable insanity with 3 yrs apart and commitment, willful non-support

Separation

18 months for ordinary no-fault divorce. Oxford v. Oxford, 237 Ark. 384, 373 S.W.2d 707, 708 (1963), rejected a separation claim where the spouses remained in the same home in separate rooms. The case involved the former three-year period, not the present 18 months.

Timing

30 days after filing under § 9-12-307(a)(1)(B), as shown in a 2025 code reproduction. An exception appearing in a 1993 enactment is absent from that reproduction. Later operative text and amendments have not been confirmed.

Relief without dissolution

Yes, divorce "from bed and board," § 9-12-301(b)

Covenant marriage: separate rules

Arkansas, § 9-11-808: after authorized counseling, a covenant-marriage divorce requires an enumerated ground: adultery; commission of a felony or other infamous crime; specified physical or sexual abuse; two continuous years apart without reconciliation; or the prescribed period apart after a signed judgment of judicial separation. The post-judicial-separation period is two years, or two years and six months where there is a minor child; if abuse of a child of the marriage or either spouse was the basis for the judicial-separation judgment, the spouses must instead have lived apart continuously without reconciliation for one year after that judgment was signed, as specified in (a)(5)(B)(ii). Subsection (b) separately lists the grounds for judicial separation. [4]

(a) "Irreconcilable differences, which have caused the irremediable breakdown of the marriage"; (b) "Permanent legal incapacity to make decisions"

Authority

Cal. Fam. Code § 2310

Grounds without a misconduct showing

(a) "Irreconcilable differences, which have caused the irremediable breakdown of the marriage"; (b) "Permanent legal incapacity to make decisions"

Other grounds and proof conditions

No additional grounds identified.

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

Six months after service of the summons and petition or the respondent’s appearance, whichever occurs first, before the dissolution becomes final. Section 2339 does not require a six-month delay for a legal-separation judgment.

Relief without dissolution

Yes, § 2310 covers dissolution "or legal separation"

Irretrievable breakdown. If a party denies breakdown under oath or affirmation, the court considers the relevant factors and either makes a breakdown finding or continues for further hearing 35 to 63 days later, or as soon afterward as the court calendar permits (§ 14-10-110(2)).

Authority

Colo. Rev. Stat. §§ 14-10-106, -110 (2025), checked against the legislature’s 2026 Red Book.

Grounds without a misconduct showing

Irretrievable breakdown. If a party denies breakdown under oath or affirmation, the court considers the relevant factors and either makes a breakdown finding or continues for further hearing 35 to 63 days later, or as soon afterward as the court calendar permits (§ 14-10-110(2)).

Other grounds and proof conditions

No additional grounds identified.

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

91 days after the court acquires jurisdiction over the respondent. This is not invariably 91 days from filing.

Relief without dissolution

Yes, § 14-10-106(2)

(1) "The marriage has broken down irretrievably"; (2) lived apart "by reason of incompatibility" 18 months with "no reasonable prospect" of reconciliation

Authority

Conn. Gen. Stat. § 46b-40(c)

Grounds without a misconduct showing

(1) "The marriage has broken down irretrievably"; (2) lived apart "by reason of incompatibility" 18 months with "no reasonable prospect" of reconciliation

Other grounds and proof conditions

8: adultery, fraudulent contract, willful desertion 1 yr with total neglect of duty, seven years' absence unheard from, habitual intemperance, intolerable cruelty, life imprisonment or infamous crime, 5 yrs mental-illness confinement within 6

Separation

None for (1); 18 months for (2)

Timing

Section 46b-67 generally bars a contested trial until 90 days after the return date. Its agreed and default procedures can permit earlier disposition. The separate nonadversarial procedure has its own eligibility and timing rules. A universal 90-day filing-to-decree description is inaccurate.

Relief without dissolution

Yes, § 46b-40(c)

Irretrievable breakdown with reconciliation improbable is the statutory basis. Section 1505 identifies voluntary separation, respondent misconduct, mental illness and incompatibility as characterizations of breakdown.

Authority

Del. Code Ann. tit. 13, § 1505 ; definitions § 1503

Grounds without a misconduct showing

Irretrievable breakdown with reconciliation improbable is the statutory basis. Section 1505 identifies voluntary separation, respondent misconduct, mental illness and incompatibility as characterizations of breakdown.

Other grounds and proof conditions

Misconduct is expressly relevant to the statutory route, including the separation exception. Calling Delaware wholly indifferent to fault would be misleading.

Separation

Six months before ruling, except separation caused by misconduct. Section 1503 permits the same residence with separate bedrooms and no sexual relations. Section 1505(e) addresses reconciliation attempts and the final 30 days.

Timing

The six months is a separation requirement, not a filing-to-hearing waiting period.

Relief without dissolution

No separate decree in ch. 15

An assertion by one or both parties that they no longer wish to remain married. The statute eliminates a marital-breakdown or separation showing, but jurisdiction and procedural requirements still apply.

Authority

D.C. Code §§ 16-904, -920.

Grounds without a misconduct showing

An assertion by one or both parties that they no longer wish to remain married. The statute eliminates a marital-breakdown or separation showing, but jurisdiction and procedural requirements still apply.

Other grounds and proof conditions

No additional grounds identified.

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

Under § 16-920, a decree generally becomes effective to dissolve the marriage 30 days after docketing unless a party applies for a stay. The statute separately states that a joint waiver of the right to appeal makes the decree final upon docketing of the joint waiver. Stays and appeals require separate treatment. There is no prefiling separation period in § 16-904(a).

Relief without dissolution

Yes, § 16-904(b)

(a) "The marriage is irretrievably broken"; (b) mental incapacity adjudged for at least 3 years

Authority

Fla. Stat. § 61.052(1)

Grounds without a misconduct showing

(a) "The marriage is irretrievably broken"; (b) mental incapacity adjudged for at least 3 years

Other grounds and proof conditions

No additional grounds identified.

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

Ordinarily at least 20 days after filing before final judgment; the court may enter judgment earlier upon a showing that the delay would cause injustice (§ 61.19).

Relief without dissolution

No. Support without dissolution only, § 61.09

(13) "The marriage is irretrievably broken"

Authority

O.C.G.A. § 19-5-3

Grounds without a misconduct showing

(13) "The marriage is irretrievably broken"

Other grounds and proof conditions

Twelve grounds in addition to breakdown: prohibited kinship; mental incapacity at marriage; impotency at marriage; force, menace, duress, or fraud in obtaining the marriage; the wife's pregnancy by another man at marriage, unknown to the husband; adultery after marriage; one-year willful and continued desertion; conviction of an offense involving moral turpitude with a sentence of imprisonment for at least two years; habitual intoxication; cruelty as statutorily defined; incurable mental illness under the statutory findings and treatment conditions; and habitual drug addiction. “Twelve fault grounds” inaccurately treats incapacity and prohibited kinship as misconduct.

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

No decree on ground (13) until 30 days from service, § 19-5-3(13)

Relief without dissolution

Section 19-6-10 provides a separate-maintenance/equitable-relief proceeding when spouses live separately or in a bona fide state of separation and no divorce action is pending. It is held in abeyance when a bona fide divorce petition is filed and the judge has entered the specified alimony order.

Four grounds: irretrievable breakdown, expiration of a qualifying bed-and-board separation decree, at least two years apart under a separate-maintenance decree, or two years apart with no reasonable likelihood of resumed cohabitation and the additional statutory findings.

Authority

Haw. Rev. Stat. §§ 580-41, -42, -45, -71.

Grounds without a misconduct showing

Four grounds: irretrievable breakdown, expiration of a qualifying bed-and-board separation decree, at least two years apart under a separate-maintenance decree, or two years apart with no reasonable likelihood of resumed cohabitation and the additional statutory findings.

Other grounds and proof conditions

none (0)

Separation

No separation prerequisite for breakdown. The two-year routes and the decree-expiration route are alternatives. The hardship and public-interest proviso belongs to the fourth ground.

Timing

Section 580-45 permits the court to set effectiveness at entry or a date within one month. This is not a mandatory one-month waiting period.

Relief without dissolution

Yes, separation from bed and board up to 2 years, § 580-71

"Irreconcilable differences"

Authority

Idaho Code §§ 32-603, 32-616, 32-610

Grounds without a misconduct showing

"Irreconcilable differences"

Other grounds and proof conditions

adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of felony, permanent insanity (7)

Separation

5 years living "separate and apart ... without cohabitation" (§ 32-610); same-roof not addressed

Timing

No merits hearing or final decree until at least 21 days after commencement and service, except the court may proceed earlier if both parties agree and both are present in person or represented by counsel at trial. If grounds are established and reconciliation is practicable and in the family’s best interests, the court may stay proceedings up to 90 days where there are minor children (§ 32-716).

Relief without dissolution

Yes, decree of legal separation, § 32-704(2)

Irreconcilable differences causing irretrievable breakdown, with reconciliation efforts failed or impracticable and further attempts contrary to the family’s best interests.

Authority

750 ILCS 5/401

Grounds without a misconduct showing

Irreconcilable differences causing irretrievable breakdown, with reconciliation efforts failed or impracticable and further attempts contrary to the family’s best interests.

Other grounds and proof conditions

No additional divorce grounds in § 401.

Separation

Six months apart creates an irrebuttable presumption. It is not a compulsory separation period for every divorce.

Timing

none in § 401

Relief without dissolution

Yes, § 402

"Irretrievable breakdown of the marriage"

Authority

Ind. Code §§ 31-15-2-3, -10 to -16; 31-15-3-3.

Grounds without a misconduct showing

"Irretrievable breakdown of the marriage"

Other grounds and proof conditions

felony conviction after marriage, impotence at marriage, incurable insanity 2 years (3)

Separation

none

Timing

Ordinarily a final hearing is no earlier than 60 days after the dissolution petition (§ 31-15-2-10). Under § 11, a dissolution petition or counterpetition filed after a legal-separation petition may be heard after 60 days from that separation filing. Section 13 permits a summary dissolution decree without a final hearing at least 60 days after the dissolution petition if verified pleadings signed by both parties contain a final-hearing waiver and either no contested issues or the qualifying written agreement. Sections 14–15 separately address uncontested issues and reconciliation continuance.

Relief without dissolution

Yes, § 31-15-3-3

"breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved"

Authority

Iowa Code §§ 598.17, 598.19

Grounds without a misconduct showing

"breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved"

Other grounds and proof conditions

none (0)

Separation

none

Timing

Generally, no decree until at least 90 days after the applicable notice event (service of original notice, the last day of publication of notice, or filing of waiver or acceptance of original notice), and until any court-ordered conciliation is completed, whichever period is longer. On written motion supported by affidavit showing emergency or necessity and facts warranting immediate action to protect affected rights or interests, the court may hold a hearing and grant an earlier decree if notice requirements are met. The grounds and facts must appear in the decree unless the court orders otherwise. If the respondent fails to appear within the time in the original notice, the court may find default and waive ordered conciliation (§ 598.19).

Relief without dissolution

Yes, separate maintenance, § 598.28

"Incompatibility"

Authority

Kan. Stat. Ann. § 23-2701

Grounds without a misconduct showing

"Incompatibility"

Other grounds and proof conditions

Failure to perform a material marital duty or obligation. A third statutory ground is incompatibility caused by mental illness or incapacity, with institutionalization or adjudication and medical-prognosis requirements. Adultery is not separately enumerated.

Separation

none

Timing

Ordinarily the divorce action may not be heard until 60 days after filing. Section 23-2708 permits an earlier hearing upon a judicial order declaring the precise emergency and stating the material evidence and witnesses. Unless agreed otherwise, the emergency request awaits expiration of the answer period; unless waived, nondefaulting parties receive at least seven days’ hearing notice.

Relief without dissolution

Yes, separate maintenance on the same grounds, § 23-2701(a)

Irretrievable breakdown. The court must also find the spouses have lived apart for at least 60 days.

Authority

Ky. Rev. Stat. §§ 403.140, 403.170

Grounds without a misconduct showing

Irretrievable breakdown. The court must also find the spouses have lived apart for at least 60 days.

Other grounds and proof conditions

none (0)

Separation

60 days. Section 403.170 expressly includes living under one roof without sexual cohabitation.

Timing

Two separate requirements: 60 days living apart under § 403.170, and, where minor children of the marriage are involved, no testimony other than on temporary motions until 60 days after the earliest of service of summons, appointment of a warning-order attorney, or filing of the defendant’s entry of appearance or responsive pleading (§ 403.044). They should not be added mechanically.

Relief without dissolution

Yes, § 403.140(2); divorce from bed and board also survives at § 403.050

Ordinary marriage: continuous separation for 180 days without minor children or 365 days with minor children. Article 103(1) uses separation completed before the petition. Article 102 uses a post-service or written-waiver procedure.

Authority

La. Civ. Code arts. 102, 103, 103.1 ; La. R.S. 9:272, 9:307

Grounds without a misconduct showing

Ordinary marriage: continuous separation for 180 days without minor children or 365 days with minor children. Article 103(1) uses separation completed before the petition. Article 102 uses a post-service or written-waiver procedure.

Other grounds and proof conditions

Adultery, felony conviction with sentence to death or hard labor, physical or sexual abuse of the spouse or a child of either spouse, and a qualifying protective order or injunction after a contradictory hearing or consent decree. Covenant rules appear below.

Separation

180 or 365 days. Physical separation must be considered with intent to end the marital association. Adams v. Adams, 408 So. 2d 1322, 1325–28 (La. 1982), construed the predecessor law. Succession of Le Jeune, 221 La. 437, 59 So. 2d 446, 449 (1952), described the separate-abode rule in a property dispute. Neither establishes a Maryland-style statutory permission for ordinary same-house separation.

Timing

For article 102, the required period follows service or written waiver before the rule to show cause. The article 103(1) period precedes filing. Other article 103 grounds do not carry that separation requirement.

Relief without dissolution

Only inside covenant marriage, La. R.S. 9:307(B) ; none for standard marriage

Covenant marriage: separate rules

Louisiana, La. Rev. Stat. § 9:307: adultery, a felony sentence to death or hard labor, one-year abandonment with refusal to return, qualifying physical or sexual abuse, two years apart, and specified periods after a separation judgment. The ordinary post-separation-judgment period is one year, generally 18 months with minor children, with the statutory abuse exception. Counseling requirements and the abuse exception must be read with the ground invoked. The bed-and-board list is distinct. [19]

"Irreconcilable marital differences"

Authority

Me. Rev. Stat. tit. 19-A, §§ 851, 902. Me. R. Civ. P. 113.

Grounds without a misconduct showing

"Irreconcilable marital differences"

Other grounds and proof conditions

adultery, impotence, extreme cruelty, utter desertion 3 years, gross and confirmed habits of intoxication, nonsupport, cruel and abusive treatment (7); plus a guardianship ground, § 902(1)(J)

Separation

none

Timing

60 days after service before final hearing under Me. R. Civ. P. 113. This is a court-rule requirement, now checked on the judiciary’s text.

Relief without dissolution

Yes, judicial separation, 19-A M.R.S. § 851

"6-month separation," "irreconcilable differences," "mutual consent"

Authority

Md. Code, Fam. Law § 7-103

Grounds without a misconduct showing

"6-month separation," "irreconcilable differences," "mutual consent"

Other grounds and proof conditions

none (0)

Separation

6 months "without interruption"; same roof qualifies if the parties "have pursued separate lives," § 7-103(b)

Timing

none in § 7-103

Relief without dissolution

No; limited divorce (§ 7-102) repealed by 2023 Md. Laws ch. 645

"irretrievable breakdown of the marriage" (§§ 1A, 1B)

Authority

Mass. Gen. Laws ch. 208, §§ 1, 1A, 1B, 2, 21. Ch. 209, § 32.

Grounds without a misconduct showing

"irretrievable breakdown of the marriage" (§§ 1A, 1B)

Other grounds and proof conditions

Seven additional statutory grounds: adultery, impotency, one-year utter desertion, gross and confirmed intoxication, cruel and abusive treatment, gross or wanton refusal to provide suitable support, and the § 2 ground of sentence to confinement for life or five years or more. Section 2 was omitted from the original inventory.

Separation

None. No living-apart ground

Timing

Section 1A: judgment nisi 30 days after initial approval of the agreement; § 21 ordinarily makes it absolute 90 days after entry. Within that period, on a party’s application and for sufficient cause, the court may otherwise order. Section 1B: generally no hearing before six months after filing, then the § 21 nisi-to-absolute period; conversion to § 1A and the statutory procedures prevent a universal nine-month rule.

Relief without dissolution

Yes, separate support, ch. 209, § 32

"breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved"

Authority

Mich. Comp. Laws § 552.6

Grounds without a misconduct showing

"breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved"

Other grounds and proof conditions

None (0)

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

Ordinarily no proofs or testimony before 60 days after filing; where there are dependent minor children under 18, ordinarily six months. Upon petition and a proper showing of unusual hardship or compelling necessity, testimony may be taken after 60 days; conditional testimony to preserve evidence is separately permitted (§ 552.9f). The text also retains a desertion clause. This entry does not establish that clause’s modern application or treat desertion as an additional current divorce ground under § 552.6.

Relief without dissolution

Yes, separate maintenance on the same ground, § 552.7

"irretrievable breakdown of the marriage relationship"

Authority

Minn. Stat. § 518.06, subd. 1, and § 518.13

Grounds without a misconduct showing

"irretrievable breakdown of the marriage relationship"

Other grounds and proof conditions

None (0). All defenses abolished

Separation

Not required. If irretrievable breakdown is denied under oath or affirmation, the required finding may rest on evidence that the parties lived separate and apart for at least 180 days immediately before commencement or that serious marital discord adversely affected one or both parties’ attitude toward the marriage, § 518.13, subd. 2.

Timing

No generally applicable filing-to-decree minimum identified. In a default case without minor children, approval without a final hearing requires that the respondent has not appeared after service duly made and proved by affidavit and that at least 20 days have elapsed since the time for answering under § 518.12 expired (§ 518.13, subd. 5(1)(ii)). This is a conditional approval procedure, not a universal 20-day waiting period.

Relief without dissolution

Yes, decree of legal separation, § 518.06, subds. 1, 3

Irreconcilable differences under § 93-5-2 requires agreement resolving the specified issues or written consent submitting disputed issues for decision. A contest or denial blocks this ground unless withdrawn in the manner the statute permits.

Authority

Miss. Code Ann. §§ 93-5-1, -2. Current text reproduced in the archived code mirror, cross-checked with enacted 2017 S.B. 2680 and the 2026 session materials. An introduced bill is not treated as an enacted amendment.

Grounds without a misconduct showing

Irreconcilable differences under § 93-5-2 requires agreement resolving the specified issues or written consent submitting disputed issues for decision. A contest or denial blocks this ground unless withdrawn in the manner the statute permits.

Other grounds and proof conditions

Natural impotency, adultery, penitentiary sentence, willful continued and obstinate desertion for one year, habitual drunkenness, habitual and excessive drug use, habitual cruel and inhuman treatment including spousal domestic abuse, mental illness or intellectual disability at marriage, prior marriage, pregnancy by another at marriage, prohibited kinship, incurable mental illness (12)

Separation

No general elapsed-separation substitute for consent.

Timing

Irreconcilable-differences complaint must be on file 60 days before hearing, § 93-5-2(4)

Relief without dissolution

No statutory legal separation. Court-made separate maintenance only

Irretrievable breakdown. If denied under oath, § 452.320 requires one of five specified facts: intolerable adultery, unreasonable-to-live-with behavior, six-month abandonment, 12 months apart by mutual consent, or 24 months apart.

Authority

Mo. Rev. Stat. §§ 452.305, 452.320

Grounds without a misconduct showing

Irretrievable breakdown. If denied under oath, § 452.320 requires one of five specified facts: intolerable adultery, unreasonable-to-live-with behavior, six-month abandonment, 12 months apart by mutual consent, or 24 months apart.

Other grounds and proof conditions

The five proof alternatives are part of the breakdown inquiry. They are not five independently pleaded statutory grounds.

Separation

No fixed separation where breakdown is undisputed. If disputed and misconduct is not established, the 12- or 24-month alternatives matter. In re Marriage of Uhls, 549 S.W.2d 107, 111–12 (Mo. Ct. App. 1977), permits proof of separate lives within one abode.

Timing

Thirty days must have elapsed since filing under § 452.305.1(1). Effective August 28, 2026, § 452.305.3 states: “Pregnancy status shall not prevent the court from entering a judgment of dissolution of marriage or legal separation.” Section 452.310.2(5) retains the petition's pregnancy disclosure and adds the same restriction. If breakdown is denied under oath, § 452.320.2(2) separately permits continuation for a further hearing thirty days to six months later, or later as the court calendar permits; the statutory breakdown finding is still required at the adjourned hearing.

Relief without dissolution

Yes, judgment of legal separation, § 452.305.2

Irretrievable breakdown supported by serious marital discord or living separate and apart for more than 180 days. On denial, § 40-4-107 permits an evidentiary determination or a 30- to 60-day continuance.

Authority

Mont. Code Ann. §§ 40-4-104, 40-4-107

Grounds without a misconduct showing

Irretrievable breakdown supported by serious marital discord or living separate and apart for more than 180 days. On denial, § 40-4-107 permits an evidentiary determination or a 30- to 60-day continuance.

Other grounds and proof conditions

None (0)

Separation

More than 180 days is an alternative evidentiary route. Serious discord does not require that period.

Timing

No fixed filing-to-decree waiting period is stated in §§ 40-4-104 and 40-4-107. Section 40-4-104(1)(a) separately requires the specified domicile or military presence for 90 days before filing. If breakdown is denied, § 40-4-107(2)(b) permits a further hearing 30 to 60 days later, or as soon thereafter as the court's calendar permits, and suggested counseling.

Relief without dissolution

Yes, decree of legal separation on request unless the other party objects, § 40-4-104(2)

"the marriage is irretrievably broken," § 42-361

Authority

Neb. Rev. Stat. §§ 42-347(3), 42-361, 42-363

Grounds without a misconduct showing

"the marriage is irretrievably broken," § 42-361

Other grounds and proof conditions

None (0)

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

60 days after perfected service under § 42-363. Decree finality and appeal effects are separately governed by §§ 42-372 and 42-372.01. The 60-day hearing rule does not describe all post-decree consequences.

Relief without dissolution

Yes, defined at § 42-347(7)

"Incompatibility," § 125.010(3). Also one year separate and apart without cohabitation, § 125.010(2)

Authority

Nev. Rev. Stat. § 125.010

Grounds without a misconduct showing

"Incompatibility," § 125.010(3). Also one year separate and apart without cohabitation, § 125.010(2)

Other grounds and proof conditions

None (0). Insanity existing two years is a status cause, not fault

Separation

One year without cohabitation, discretionary decree. Same-roof not addressed

Timing

None. Decree is final when entered, § 125.130. Generally either party must have six weeks of Nevada residence before commencement; § 125.020(2) excepts cases where the cause accrued in the county while both parties were actually domiciled there.

Relief without dissolution

Yes, separate maintenance, § 125.190

"irreconcilable differences which have caused the irremediable breakdown of the marriage," § 458:7-a

Authority

N.H. Rev. Stat. Ann. §§ 458:7, 458:7-a

Grounds without a misconduct showing

"irreconcilable differences which have caused the irremediable breakdown of the marriage," § 458:7-a

Other grounds and proof conditions

Impotency, adultery, extreme cruelty, felony conviction with imprisonment, treatment seriously injuring health or endangering reason, two years absence unheard of, habitual alcohol or drug abuse for two years, joining a sect that holds marriage unlawful and refusing to cohabit six months, abandonment and refusal to cohabit two years (9). Paragraphs X to XIII repealed

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

None found in §§ 458:7, 458:7-a, 458:26

Relief without dissolution

Yes, legal separation with the effect of divorce except freedom to remarry, § 458:26

Irreconcilable differences causing breakdown for at least six months, with no reasonable prospect of reconciliation. Alternatively, 18 consecutive months apart in different habitations with no reasonable prospect of reconciliation.

Authority

N.J. Stat. Ann. §§ 2A:34-2, -3. P.L. 2007, c. 6, checked against the official legislative history table and current code reproductions.

Grounds without a misconduct showing

Irreconcilable differences causing breakdown for at least six months, with no reasonable prospect of reconciliation. Alternatively, 18 consecutive months apart in different habitations with no reasonable prospect of reconciliation.

Other grounds and proof conditions

Seven additional grounds: adultery, 12-month desertion, extreme cruelty, 12-month addiction or habitual drunkenness, 24-month institutionalization for mental illness, 18-month imprisonment, and the statutorily termed deviant sexual conduct without consent. Nine grounds in all, not twelve fault grounds.

Separation

18 or more consecutive months "in different habitations." Same roof cannot qualify by the statute's own words

Timing

None as such. Cruelty complaint may not be filed until three months after the last act; irreconcilable differences must have existed six months

Relief without dissolution

Yes, divorce from bed and board, on joint request, § 2A:34-3

Incompatibility, defined as discord or conflict of personalities destroying the legitimate ends of the marriage relationship and preventing any reasonable expectation of reconciliation.

Authority

N.M. Stat. Ann. §§ 40-4-1 to -3. Official NMOneSource Chapter 40 PDF.

Grounds without a misconduct showing

Incompatibility, defined as discord or conflict of personalities destroying the legitimate ends of the marriage relationship and preventing any reasonable expectation of reconciliation.

Other grounds and proof conditions

Cruel and inhuman treatment, adultery, and abandonment.

Separation

none as a ground

Timing

No separate divorce waiting period identified in the grounds provisions (§§ 40-4-1 to -3). Section 40-4-5 separately conditions dissolution jurisdiction on either party having resided in New Mexico for at least six months immediately preceding filing and having a New Mexico domicile (with military provisions). This is a jurisdictional residence and domicile requirement, not a post-filing waiting period.

Relief without dissolution

Section 40-4-3 permits proceedings concerning property, the disposition of children, and alimony without dissolution when spouses have permanently separated. This is substantive relief without ending the marriage, not an absence of separation remedies.

Irretrievable breakdown for at least six months, asserted under oath by one spouse, with § 170(7) ancillary issues resolved before judgment. Conversion routes now require six months living apart after a qualifying decree or agreement, with the specified compliance and filing requirements.

Authority

N.Y. Dom. Rel. Law §§ 170, 200. 2025 N.Y. Laws ch. 673 and 2026 N.Y. Laws ch. 73.

Grounds without a misconduct showing

Irretrievable breakdown for at least six months, asserted under oath by one spouse, with § 170(7) ancillary issues resolved before judgment. Conversion routes now require six months living apart after a qualifying decree or agreement, with the specified compliance and filing requirements.

Other grounds and proof conditions

Cruel and inhuman treatment, abandonment for at least one year, imprisonment for three consecutive years after marriage, and adultery.

Separation

Six months for the conversion routes in covered actions commencing on or after February 17, 2026. The six-month breakdown condition does not itself require separate residences.

Timing

No general filing-to-decree minimum in § 170. Breakdown duration, conversion separation and resolution of ancillary issues are distinct requirements.

Relief without dissolution

Yes, Dom. Rel. Law § 200 (separation from bed and board). For actions commenced on or after February 17, 2026, § 200(6) permits separation based on an irretrievable breakdown for at least six months stated under oath; a judgment requires resolution of applicable, timely and relevant economic issues, which may include the specified support, fees, custody and visitation issues.

One year living separate and apart under § 50-6. Section 50-5.1 provides a separate three-year separation route involving incurable mental illness and required medical proof.

Authority

G.S. § 50-6, § 50-5.1, § 50-7

Grounds without a misconduct showing

One year living separate and apart under § 50-6. Section 50-5.1 provides a separate three-year separation route involving incurable mental illness and required medical proof.

Other grounds and proof conditions

Section 50-7 misconduct grounds support divorce from bed and board, not an immediate absolute divorce. They must not be counted as additional absolute-divorce grounds.

Separation

One year for § 50-6. The judiciary’s divorce guide requires separate homes and intent by at least one spouse that the separation be permanent. Isolated sexual intercourse does not automatically interrupt separation under the statute.

Timing

For the § 50-6 route, the cited text imposes no additional fixed postfiling delay. One year of separation and six months of state residence are separate prerequisites. Section 50-8 addresses allegations and procedure.

Relief without dissolution

Yes, divorce from bed and board, § 50-7

§ 14-05-03(7) "Irreconcilable differences," defined § 14-05-09.1 as "substantial reasons for not continuing the marriage"

Authority

N.D.C.C. § 14-05-03, § 14-05-09.1

Grounds without a misconduct showing

§ 14-05-03(7) "Irreconcilable differences," defined § 14-05-09.1 as "substantial reasons for not continuing the marriage"

Other grounds and proof conditions

adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, conviction of felony (6)

Separation

none as a ground

Timing

No general waiting period found in chapter 14-05. Under § 14-05-17, the plaintiff must have resided in North Dakota in good faith for six months before commencement, or, if not, for the six months immediately before entry of the decree.

Relief without dissolution

Yes, § 14-05-03.1, temporary or permanent separation on any divorce cause

§ 3105.01(K) "Incompatibility, unless denied by either party", § 3105.01(J) living apart one year

Authority

Ohio Rev. Code §§ 3105.01, .17, .64. Ohio Civ. R. 75(K).

Grounds without a misconduct showing

§ 3105.01(K) "Incompatibility, unless denied by either party", § 3105.01(J) living apart one year

Other grounds and proof conditions

Bigamy, willful absence one year, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint, and an out-of-state divorce binding only one spouse (9).

Separation

one year "without interruption," "lived separate and apart without cohabitation," (J), one roof not addressed

Timing

Divorce or legal separation: Civ. R. 75(K) ordinarily requires 42 days after service or 28 days after the last publication. A counterclaim generally requires 28 days after service unless waived by the plaintiff. Dissolution has a separate 30- to 90-day hearing window under § 3105.64.

Relief without dissolution

Yes, legal separation, § 3105.17

§ 101, Seventh: "Incompatibility"

Authority

Okla. Stat. tit. 43, §§ 101, 107.1, 129. Okla. Dist. Ct. R. 8, tit. 12, ch. 2 app.

Grounds without a misconduct showing

§ 101, Seventh: "Incompatibility"

Other grounds and proof conditions

abandonment one year, adultery, pregnancy by another at marriage, extreme cruelty, fraudulent contract, habitual drunkenness, gross neglect of duty, imprisonment for felony, out-of-state decree not releasing the other spouse (9), plus two status grounds, impotency and insanity five years (11 non-no-fault grounds in all)

Separation

none as a ground

Timing

District Court Rule 8 ordinarily requires the petition to be on file 10 days without minor children or 30 days with minor children before a merits hearing, with an emergency exception on application showing good cause. Section 107.1 separately delays a final divorce order for 90 days after filing when minor children are involved; the court may waive that period for good cause without objection by either party. The statute excludes specified causes and permits an earlier final order when the parties voluntarily participate in marital or family counseling and the court finds reconciliation unlikely.

Relief without dissolution

Yes, "alimony without divorce," § 129, on any divorce cause , § 103 refers to legal separation actions

Irreconcilable differences causing irremediable breakdown under § 107.025. The additional § 107.015 eligibility conditions must also be included in an inventory of grounds for dissolution.

Authority

Or. Rev. Stat. §§ 107.015, .025, .036.

Grounds without a misconduct showing

Irreconcilable differences causing irremediable breakdown under § 107.025. The additional § 107.015 eligibility conditions must also be included in an inventory of grounds for dissolution.

Other grounds and proof conditions

Section 107.015 expressly permits dissolution OR annulment for lack of age or understanding capacity, or consent obtained by force or fraud, if not subsequently ratified. Section 107.036 abolishes fault as a basis for dissolution, annulment or separation.

Separation

none

Timing

The former general 90-day waiting period in ORS 107.065 was repealed by 2011 Or. Laws ch. 114 (HB 2686). Separately, when a petition for conciliation jurisdiction is filed, ORS 107.560(1) generally bars trial or a merits hearing in the parties’ domestic relations suit until 45 days after that filing; the court may waive the period on stipulation or a written motion supported by an affidavit establishing facts warranting waiver (§ 107.560(2)).

Relief without dissolution

Yes, § 107.025(2), permanent, unlimited or temporary separation

Irretrievable breakdown with mutual-consent affidavits after 90 days under § 3301(c), including its presumed-consent provision for specified criminal convictions. Alternatively, breakdown and one year apart under § 3301(d).

Authority

23 Pa. Cons. Stat. §§ 3103, 3301. Pa. R. Civ. P. 1920.42. Lehigh County Court of Common Pleas, Legal Separation & Divorce Q&A.

Grounds without a misconduct showing

Irretrievable breakdown with mutual-consent affidavits after 90 days under § 3301(c), including its presumed-consent provision for specified criminal convictions. Alternatively, breakdown and one year apart under § 3301(d).

Other grounds and proof conditions

willful and malicious desertion one year, adultery, cruel and barbarous treatment, bigamy, imprisonment two or more years, indignities (6), plus institutionalization 18 months, § 3301(b), a status ground

Separation

One year under § 3301(d). Section 3103 expressly allows separate-and-apart status in the same residence when cohabitation has ceased. Its complaint-service presumption addresses the latest date separation is deemed to have begun.

Timing

Mutual consent: the affidavits must be signed at least 90 days after service of the complaint under Pa. R. Civ. P. 1920.42(a)(1)(ii), although § 3301(c) uses commencement language. The rule also has notice periods and ancillary-claim requirements. Section 3301(d)(2) permits a 90- to 120-day reconciliation continuance.

Relief without dissolution

The Lehigh County Law Library guide states that a court does not provide a document establishing legal separation. Support and private agreements are separate matters. A primary authority establishing a broader no-status conclusion was not identified in this limited review.

§ 15-5-3.1(a): "irreconcilable differences which have caused the irremediable breakdown of the marriage," decreed "irrespective of the fault of either party"

Authority

R.I. Gen. Laws §§ 15-5-2, 15-5-3, 15-5-3.1

Grounds without a misconduct showing

§ 15-5-3.1(a): "irreconcilable differences which have caused the irremediable breakdown of the marriage," decreed "irrespective of the fault of either party"

Other grounds and proof conditions

adultery, extreme cruelty, willful desertion five years (or shorter in court's discretion), continued drunkenness, habitual use of opium, morphine or chloral, husband's neglect to provide necessaries for one year, gross misbehavior and wickedness (7), plus impotency, a status ground

Separation

three years "separate and apart," "whether voluntarily or involuntary," § 15-5-3, one roof not addressed

Timing

Ordinary decree: three months after trial and decision under § 15-5-23. Divorce on the three-year living-apart ground has a different final-judgment procedure permitting entry 20 days after decision under § 15-5-3. These routes cannot share one universal three-month entry.

Relief without dissolution

Yes, divorce from bed and board, § 15-5-9

§ 20-3-10(5): "lived separate and apart without cohabitation for a period of one year"

Authority

S.C. Code § 20-3-10, S.C. Const. art. XVII, § 3

Grounds without a misconduct showing

§ 20-3-10(5): "lived separate and apart without cohabitation for a period of one year"

Other grounds and proof conditions

adultery, desertion one year, physical cruelty, habitual drunkenness including narcotic drugs (4)

Separation

One year apart for no-fault divorce. Theisen v. Theisen, 394 S.C. 434, 716 S.E.2d 271 (2011), discusses the separate-domicile rule for no-fault divorce while deciding a separate-maintenance action. Other fault grounds do not all require separate residences.

Timing

No reference before two months and no final decree before three months after filing under § 20-3-80. When divorce is sought for desertion or one year of separation, the hearing may be held and decree issued after responsive pleadings are filed or the respondent is adjudged in default, whichever occurs sooner.

Relief without dissolution

Yes, separate support and maintenance, § 20-3-130(B)(5), § 20-3-140. Theisen’s majority affirmed dismissal of a separate-maintenance action while the spouses still lived together. Justice Pleicones, joined by Justice Beatty, concurred in part and dissented in part, disputing the living-apart prerequisite.

Irreconcilable differences requires both parties’ consent unless one party has not made a general appearance under § 25-4-17.2. It is not an unrestricted contested unilateral route.

Authority

SDCL 25-4-2 , 25-4-17.1, 25-4-17.2

Grounds without a misconduct showing

Irreconcilable differences requires both parties’ consent unless one party has not made a general appearance under § 25-4-17.2. It is not an unrestricted contested unilateral route.

Other grounds and proof conditions

Adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of felony (6)

Separation

No general period of separation substitutes for consent under the irreconcilable-differences provision.

Timing

60 days from completed service, 25-4-34 ; court may continue up to 30 days if reconciliation possible, 25-4-17.2

Relief without dissolution

Yes, legal separation 25-4-17.2 and separate maintenance 25-4-40

Irreconcilable differences under § 36-4-103 requires adequate provision by written agreement for the specified child and property issues. Section 36-4-101(a)(15) separately allows two years apart in separate residences if there are no minor children. Section 36-4-102(b) also permits conversion after more than two years under legal separation, without reconciliation.

Authority

Tenn. Code Ann. §§ 36-4-101 to -103. Current code reproductions, checked against the legislature’s August 27, 2026 enacted-law abstracts.

Grounds without a misconduct showing

Irreconcilable differences under § 36-4-103 requires adequate provision by written agreement for the specified child and property issues. Section 36-4-101(a)(15) separately allows two years apart in separate residences if there are no minor children. Section 36-4-102(b) also permits conversion after more than two years under legal separation, without reconciliation.

Other grounds and proof conditions

(a)(1) to (a)(13): impotence, bigamy, adultery, desertion one year, infamous crime, felony with penitentiary sentence, attempt on spouse's life, refusal to move to Tennessee two years, pregnancy by another at marriage, habitual drunkenness or narcotics, cruel and inhuman treatment (inappropriate marital conduct), indignities, abandonment or turning out of doors (13)

Separation

The ordinary separation ground requires two years in separate residences and no minor children. The separate-decree conversion route has its own conditions and no equivalent minor-child exclusion in § 36-4-102(b).

Timing

Section 36-4-101(b) requires the complaint on file 60 days without an unmarried child under 18, or 90 days with one. Its text applies to divorce grounds generally, not only irreconcilable differences.

Relief without dissolution

Yes, § 36-4-102

"Insupportability," § 6.001; living apart three years, § 6.006

Authority

Tex. Fam. Code §§ 6.001 to 6.007 ; § 6.702

Grounds without a misconduct showing

"Insupportability," § 6.001; living apart three years, § 6.006

Other grounds and proof conditions

Cruelty § 6.002, adultery § 6.003, conviction of felony § 6.004, abandonment one year § 6.005, confinement in mental hospital three years § 6.007 (5)

Separation

3 years "without cohabitation," § 6.006; statute silent on one roof

Timing

Ordinarily no divorce before the 60th day after filing (§ 6.702(a)). The waiting period does not apply if the court finds either: (1) the respondent was finally convicted of, or received deferred adjudication for, an offense involving family violence against the petitioner or a member of the petitioner’s household; or (2) the petitioner has an active Title 4 protective order or an active magistrate’s emergency-protection order under Code of Criminal Procedure article 17.292, based on a family-violence finding, against the respondent because of family violence committed during the marriage (§ 6.702(c)).

Relief without dissolution

No formal legal-separation status. The State Bar of Texas family-law guide confirms this. Temporary orders, support, custody proceedings and agreements are different remedies.

"Irreconcilable differences of the marriage," § 81-4-405(1)(h)

Authority

Utah Code § 81-4-405 (formerly § 30-3-1)

Grounds without a misconduct showing

"Irreconcilable differences of the marriage," § 81-4-405(1)(h)

Other grounds and proof conditions

Impotency, adultery, willful desertion more than one year, willful neglect, habitual drunkenness, felony conviction, cruel treatment (7) ; incurable insanity (1)(i) is a separate non-fault status ground

Separation

3 consecutive years living separately under a decree of separate maintenance, (1)(j) ; no ordinary living-apart ground

Timing

30 days from filing unless extraordinary circumstances, § 81-4-402(3)(a)

Relief without dissolution

Yes, separate maintenance § 81-4-202

Lived apart "six consecutive months" and "resumption of marital relations is not reasonably probable," § 551(7)

Authority

15 V.S.A. § 551

Grounds without a misconduct showing

Lived apart "six consecutive months" and "resumption of marital relations is not reasonably probable," § 551(7)

Other grounds and proof conditions

Adultery, intolerable severity, willful desertion or seven years' absence, refusal to support (4) ; plus two status grounds: sentence of three years or more and actually confined, permanent mental incapacity (§§ 631 to 637)

Separation

Six consecutive months apart with resumption of marital relations not reasonably probable. LeBlanc v. LeBlanc, 2014 VT 65, citing Scott v. Scott, 155 Vt. 465, 468, 586 A.2d 1140 (1990), recognizes that separate lives can occur under one roof.

Timing

A decree nisi ordinarily becomes absolute 90 days after entry; the court may fix an earlier date, and death before expiration makes it absolute immediately before death (§ 554(a)). Section 592(a) ordinarily requires either party’s six months of Vermont residence to file and one year next preceding the final hearing, with specified temporary-absence provisions. Section 592(b)–(c) provides a limited stipulated nonresident procedure for a Vermont marriage neither party’s state recognizes for divorce, with no minor children born or adopted during the marriage and the other statutory conditions; it is not a general residency waiver.

Relief without dissolution

Yes, legal separation "forever or for a limited time," § 555

Lived "separate and apart without any cohabitation and without interruption for one year," § 20-91(A)(9)(a)

Authority

Va. Code § 20-91 ; § 20-95

Grounds without a misconduct showing

Lived "separate and apart without any cohabitation and without interruption for one year," § 20-91(A)(9)(a)

Other grounds and proof conditions

Adultery before the last separation, sodomy or buggery outside marriage, qualifying felony conviction and confinement, and cruelty, reasonable apprehension of bodily hurt, desertion or abandonment under their statutory timing conditions. Current § 20-91 must be read with the 2026 amendments.

Separation

One year apart, reduced to six months with a separation agreement and no minor children born to both spouses, born to one and adopted by the other, or adopted by both. Bchara v. Bchara, 38 Va. App. 302, 563 S.E.2d 398 (2002), allows a fact-specific finding of separation under one roof. It does not make separate bedrooms alone conclusive.

Timing

None between filing and decree beyond the separation period; § 20-95 says "No waiting period is required" to file for bed and board

Relief without dissolution

Divorce from bed and board under § 20-95 includes a separate-and-apart ground when at least one party intends to remain separate and apart permanently. No waiting period is required to file under § 20-95; a decree is subject to § 20-91. This does not authorize first-day absolute divorce.

Marriage "is irretrievably broken"

Authority

RCW 26.09.030

Grounds without a misconduct showing

Marriage "is irretrievably broken"

Other grounds and proof conditions

None (0)

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

Ninety days must have elapsed since filing the petition and from service of summons on the respondent or first publication of summons. If breakdown is denied, § 26.09.030 permits referral or a continuance; thereafter, the court enters a dissolution decree if it finds the parties have not reconciled and either continues to allege irretrievable breakdown.

Relief without dissolution

Legal separation in lieu of dissolution under RCW 26.09.030(d), unless the other party objects and petitions for dissolution or a declaration of invalidity.

Irreconcilable differences admitted in an answer under §48-5-201. Alternatively, one year of uninterrupted separation in separate places of abode under §48-5-202, resulting from the voluntary act of one party or mutual consent.

Authority

W. Va. Code §§ 48-5-201 to 48-5-209

Grounds without a misconduct showing

Irreconcilable differences admitted in an answer under § 48-5-201. Alternatively, § 48-5-202(a) permits divorce after one year living separate and apart in separate places of abode, without cohabitation or interruption; the separation may result from the voluntary act of one party or the mutual consent of both parties.

Other grounds and proof conditions

Cruel or inhuman treatment § 203, adultery § 204, felony conviction § 205, habitual drunkenness or drug addiction § 207, desertion six months § 208, abuse or neglect of a child § 209 (6) ; permanent incurable insanity § 206 is a status ground

Separation

One year in separate places of abode for the separation ground. The consent-based ground is distinct.

Timing

No additional fixed cooling-off period identified in these grounds statutes. Family Court Rule 21(c) ordinarily places final hearing after the time to answer. Its case-management deadlines are not a universal waiting period.

Relief without dissolution

Yes, separate maintenance, W. Va. Code § 48-4-101 ; every divorce is absolute, § 48-5-101

Irretrievable breakdown. After a hearing or qualifying affidavit under § 767.235(1)(b), the court must find breakdown if both parties state it under oath or affirmation, or if the parties voluntarily lived apart continuously for at least 12 months immediately before commencement and one party has so stated. If that separation period is absent and only one party makes the sworn or affirmed statement, the court must consider all relevant factors. It must find breakdown if there is no reasonable prospect of reconciliation; otherwise it must continue the matter for 30 to 60 days, or as soon thereafter as the calendar permits, and may suggest or order counseling. At the adjourned hearing, either party’s sworn or affirmed statement requires a determination whether the marriage is irretrievably broken (§ 767.315(1)).

Authority

Wis. Stat. § 767.315 ; § 767.335

Grounds without a misconduct showing

Irretrievable breakdown. After a hearing or qualifying affidavit under § 767.235(1)(b), the court must find breakdown if both parties state it under oath or affirmation, or if the parties voluntarily lived apart continuously for at least 12 months immediately before commencement and one party has so stated. If that separation period is absent and only one party makes the sworn or affirmed statement, the court must consider all relevant factors. It must find breakdown if there is no reasonable prospect of reconciliation; otherwise it must continue the matter for 30 to 60 days, or as soon thereafter as the calendar permits, and may suggest or order counseling. At the adjourned hearing, either party’s sworn or affirmed statement requires a determination whether the marriage is irretrievably broken (§ 767.315(1)).

Other grounds and proof conditions

None (0)

Separation

No separation period is required when both parties state irretrievable breakdown under oath or affirmation. If they voluntarily lived apart continuously for at least 12 months immediately before commencement, one party’s sworn or affirmed statement suffices for the finding under § 767.315(1)(a), subject to the hearing or qualifying-affidavit procedure. Section 767.315 does not expressly address living under one roof.

Timing

120 days after service or filing a joint petition under § 767.335, subject to the statutory exception. 2025 Act 40 provides a qualifying affidavit disposition procedure, not a new ground for divorce.

Relief without dissolution

Yes, subject to § 767.35. Legal separation can involve the irretrievable-breakdown finding under § 767.35(1)(b)1. Section 767.315(2) also provides a distinct marital-relationship-is-broken finding when both parties so state under oath or affirmation, after a hearing or qualifying affidavit under § 767.235(1)(b).

"Irreconcilable differences in the marital relationship," § 20-2-104

Authority

Wyo. Stat. § 20-2-104 ; § 20-2-105

Grounds without a misconduct showing

"Irreconcilable differences in the marital relationship," § 20-2-104

Other grounds and proof conditions

None (0) ; incurable insanity with two years' confinement, § 20-2-105, is a status ground

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

Decree not entered less than 20 days from filing, § 20-2-108

Relief without dissolution

Yes, judicial separation § 20-2-106

Judicial divorce may be sought by a joint petition for consent or irreparable breakdown, or an individual petition for irreparable breakdown. Notarial divorce requires both spouses: article 473 addresses consent with applicable agreements; article 474 permits their joint declaration of irreparable breakdown without agreement on every ancillary issue, with court proceedings required for specified unresolved child matters.

Authority

P.R. Civil Code arts. 425, 473–475, Act 55-2020, as amended, including Act 184-2026 (August 14, 2026). Government-hosted OGP compilation revised August 21, 2026.

Grounds without a misconduct showing

Judicial divorce may be sought by a joint petition for consent or irreparable breakdown, or an individual petition for irreparable breakdown. Notarial divorce requires both spouses: article 473 addresses consent with applicable agreements; article 474 permits their joint declaration of irreparable breakdown without agreement on every ancillary issue, with court proceedings required for specified unresolved child matters.

Other grounds and proof conditions

No retained statutory misconduct list under the 2020 Code.

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

Article 475 makes notarial dissolution effective on execution of the deed. Article 473 requires at least one spouse to have lived in Puerto Rico during the immediately preceding year; article 474 applies in the situation addressed by article 473. Cases involving the specified incapacity must go to court. Act 184-2026 addresses agreed later modifications of specified child-related stipulations protocolized with a notarial divorce deed; it does not create a new divorce ground.

Relief without dissolution

The Code’s dissolution provisions distinguish judicial and notarial divorce. They do not create a general legal-separation status.

"Irreconcilable differences," § 8203(g), defined in § 8219 as "those grounds which are determined by the Court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved"

Authority

19 Guam Code Ann. §§ 8203, 8322, 8402. Compiler of Laws, Chapter 8, updated August 11, 2026.

Grounds without a misconduct showing

"Irreconcilable differences," § 8203(g), defined in § 8219 as "those grounds which are determined by the Court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved"

Other grounds and proof conditions

6: adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of felony. Desertion, neglect, and intemperance must run one year, § 8218

Separation

None (separation is not a ground)

Timing

Under §8322, after six months from filing the initial petition or complaint and entry of an interlocutory decree, the court may enter final judgment on either party’s motion or its own motion. The court may shorten the filing-based period on a party’s application and showing of cause. Section 8321 requires an interlocutory judgment when dissolution is to be granted. Section 8322 also limits final entry while an appeal is pending and bars it if the interlocutory judgment is reversed.

Relief without dissolution

Section 8402(a) permits an action for permanent support and maintenance without applying for dissolution when either spouse willfully deserts the other or has a §8203 cause of action. It separately permits a wife’s action when the husband willfully fails to provide for her. Section 8402(b) requires the same community-property and homestead disposition as on dissolution when permanent support and maintenance is granted.

Breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage can be preserved. The same statutory basis permits legal separation.

Authority

V.I. Code Ann. tit. 16, §§ 104, 106, 109. Act No. 3418, § 1 (1973), and the Superior Court’s Virgin Islands Law Component.

Grounds without a misconduct showing

Breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage can be preserved. The same statutory basis permits legal separation.

Other grounds and proof conditions

No additional misconduct grounds in § 104.

Separation

No prescribed separation period in § 104.

Timing

The six-week requirement in § 106 is residence, not a post-filing waiting period. Section 109 addresses relief in the decree, including financial and property orders. No separate fixed cooling-off period identified.

Relief without dissolution

Yes, § 104 authorizes "a decree granting a legal separation" on the same standard

Irreconcilable differences under § 1331(g), defined as persistent and irresolvable disagreements resulting in breakdown. Alternatively, two consecutive years apart without cohabitation, with or without mutual consent.

Authority

8 CMC § 1331 (grounds), § 1332 (residency)

Grounds without a misconduct showing

Irreconcilable differences under § 1331(g), defined as persistent and irresolvable disagreements resulting in breakdown. Alternatively, two consecutive years apart without cohabitation, with or without mutual consent.

Other grounds and proof conditions

6: adultery, cruel treatment, neglect or personal indignities, willful desertion one year, habitual intemperance one year, imprisonment for life or three years or more, willful neglect by the husband to support his wife. Plus insanity of three years, § 1331(f), which is neither fault nor consent. Nine causes total, "and no other"

Separation

Two consecutive years without cohabitation, "whether or not by mutual consent," § 1331(h)

Timing

The §1332 residence requirement is ordinarily 90 days immediately before filing. Its seven-day alternative requires both parties’ written consent and the acknowledgment or verification specified in §1332(b)(2). These are residence periods, not post-filing waiting periods. No separate fixed post-filing waiting period is stated in the four divorce-article sections, §§1331–1334.

Relief without dissolution

No separate legal-separation remedy is provided in the four divorce-article sections, §§1331–1334. This statement covers that article only, not every provision, remedy or local custom.

Irreconcilable differences, added in 1996 by Public Law 24-11, or voluntary continuous separation for five years. Older annotations saying irreconcilable differences is unavailable predate the amendment.

Authority

Am. Samoa Code Ann. §§42.0202, .0204–.0208, reproduced by the American Samoa Bar Association. P.L.24-11 added irreconcilable differences in 1996. The Secretary’s official index lists approval on June 7, 1996; the official scan includes Governor letters dated March 20, 1996 stating that S.B.24-30 was signed into law that day. The act’s printed approval block is blank; the discrepancy and precise effective date remain unresolved.

Grounds without a misconduct showing

Irreconcilable differences, added in 1996 by Public Law 24-11, or voluntary continuous separation for five years. Older annotations saying irreconcilable differences is unavailable predate the amendment.

Other grounds and proof conditions

4: adultery, habitual cruelty or ill usage, desertion for six months or more, sentence to imprisonment for ten years or more or for life

Separation

"voluntary continuous separation for a period of 5 years or more," § 42.0202(5)

Timing

No fixed filing-to-decree minimum appears in §§ 42.0204–42.0208. Section 42.0206 requires proof and specifies defenses and exceptions, so availability of the ground is not a promise of automatic judgment.

Relief without dissolution

Yes, "a decree of judicial separation" on the same grounds, §§ 42.0202, 42.0204, 42.0208