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 Louisiana (LA), spouses can seek a divorce based on either fault or no-fault grounds. Fault grounds for divorce in Louisiana include adultery, felony conviction, abandonment, physical or sexual abuse, and certain periods of living separate and apart if there is a covenant marriage. No-fault divorce is also available, typically after a statutory period of living separate and apart without reconciliation, which is 180 days when there are no minor children from the marriage, and 365 days when there are minor children involved. When fault is alleged and proven, it can affect the distribution of marital property, potentially leading to an uneven division in favor of the spouse who is not at fault. Additionally, fault may be considered when determining spousal support and child custody. It's important to note that while Louisiana allows for both fault and no-fault divorces, the specific circumstances and evidence presented can significantly impact the outcome of divorce proceedings.