There are two types of No-Fault grounds for a divorce: (1) consent divorce; and (2) unilateral divorce.

•  (1) Consent Divorce: to have a consent divorce, there must be mutual consent between the parties, i.e., both parties have to agree to the divorce, and it must be affirmed by affidavit.  Also, the parties must allege in the affidavit that: the marriage is “irretrievably broken (and there is no prospect of reconciliation.)
  • The court may not grant a consent divorce before 90 days.
  •  (2) Unilateral Divorce: Under a unilateral divorce, there must be an allegation that the parties have actually lived apart for at least one year (and that the marriage is “irretrievably broken with no prospect of reconciliation).  

The parties can live apart under the same roof if it can be proven that they have ceased cohabitating.  

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