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 Georgia, spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce is based on the marriage being irretrievably broken, which is similar to irreconcilable differences in other states. When it comes to fault grounds, Georgia law recognizes several, including adultery, desertion, cruelty, habitual intoxication, drug addiction, and mental incapacity at the time of marriage, among others. If a spouse files for divorce on fault grounds and proves the allegations, it can influence the court's decision on the division of marital property, potentially leading to an uneven distribution in favor of the non-faulting spouse. Additionally, fault may be considered when determining issues such as alimony and child custody. It's important to note that while fault can play a role in the financial and custodial outcomes of a divorce, the specifics of each case can vary, and an attorney can provide guidance tailored to an individual's circumstances.