Most states allow spouses seeking a divorce to allege fault in the breakup of the marriage as a basis for the divorce. Alleging the other spouse’s fault—rather than seeking the divorce on no-fault grounds (irreconcilable differences or incompatibility, making the marriage unsustainable)—is generally a basis for requesting the court make an uneven distribution of the marital or community property in favor of the spouse alleging the other’s spouse’s fault.

In states that allow a spouse to seek a divorce on fault grounds, the grounds that may be alleged vary from state to state, but generally include adultery, cruelty, conviction of a felony, family or domestic violence, abandonment, mental illness, and substance abuse (drugs and alcohol). Spouses may also seek a divorce on no-fault grounds in these states.

In no-fault states, a spouse is not allowed to allege fault as grounds for the divorce, and the court is not allowed to consider fault in dividing the marital or community property—but allegations of fault may be considered for other purposes, such as spousal support and child custody. No-fault states include California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington, and Wisconsin. And in some states “incurable insanity” is a no-fault ground for divorce.

The grounds on which a spouse may seek a divorce (fault or no-fault) are usually located in a state’s statutes—often in the family code or domestic relations code.

In Alaska, spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce is based on an 'incompatibility of temperament' which has led to the irremediable breakdown of the marriage. This is similar to the 'irreconcilable differences' standard used in other states. On the other hand, fault-based divorces can be sought for reasons including adultery, cruelty, personal indignities rendering life burdensome, habitual drunkenness, drug addiction, conviction of a felony, desertion for a specified period, and mental illness requiring confinement. While Alaska is a no-fault state, meaning that a spouse does not need to prove fault to obtain a divorce, fault can still be a relevant factor. The court may consider fault when determining issues such as the division of marital property or spousal support, but it is not the primary basis for granting the divorce itself. The specific statutes governing divorce in Alaska can be found in the Alaska Statutes, Title 25, Chapter 24, which covers family law matters.