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 Florida, the law allows for what is known as a 'no-fault' divorce, which means that neither spouse is required to prove fault on the part of the other to obtain a divorce. The only grounds required are that the marriage is 'irretrievably broken' or that one of the spouses has been mentally incapacitated for a period of at least three years. Florida Statutes Section 61.052 outlines the requirements for dissolution of marriage. While fault is not required to obtain a divorce, allegations of fault may still be relevant and considered by the court when deciding on related matters such as alimony, child support, and the distribution of marital assets and liabilities. However, the division of property is generally done equitably without regard to marital misconduct, unless such misconduct resulted in the dissipation or depletion of marital assets.