Sunrise; learn about the fault/no-fault! It matters, even in your case; but many states have rules that go along with getting a no-fault (living apart X number of months, etc.) and it can be extremely important who files (is petitioner) as what county they petition in in what state, can make a different.

My husband and I had to move to the next county over and my husband file first (all as he was counselled by his lawyer) to make sure his wife couldn't get alimony for life, etc. like she wanted/expected. The county we moved to had never given it whereas the county we were in and in which she lived had. We moved over to the next county and he bought our house and established residency, etc. and filed first (which automatically made him petitioner).

But all states have grounds; it's just that one of them you can choose is usually something like "irreconcilable differences" but that's a choice of grounds. Here's Maryland's law, for example, obviously #3 is the "no fault" choice but look at all the conditions; that's probably what agony is talking about not meeting yet:

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Grounds for Filing: The Bill for Divorce must declare the appropriate Maryland grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

The court may decree an absolute divorce on the following grounds:

(1) adultery; (2) desertion, if: (i) the desertion has continued for 12 months without interruption before the filing of the application for divorce; (ii) the desertion is deliberate and final; and (iii) there is no reasonable expectation of reconciliation; (3) voluntary separation, if: (i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and (ii) there is no reasonable expectation of reconciliation; (4) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has: (i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and (ii) served 12 months of the sentence; (5) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce; (6) insanity if: (i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce; (7) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or (8) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation. (Maryland Code - Family Law Chapter - Section: 7-103)

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