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 North Carolina (NC), spouses can seek a divorce on both fault and no-fault grounds. The no-fault ground for divorce in NC is based on a separation of one year and a day, where spouses must live separate and apart with the intention of ending the marriage. On the other hand, fault grounds for divorce in NC include adultery, cruelty, willful abandonment, drug or alcohol abuse, and incurable insanity, among others. When a spouse alleges fault, it can impact the distribution of marital property, spousal support, and child custody determinations. However, it's important to note that the court will consider various factors when dividing marital property, and fault is just one of those factors. The specific statutes governing divorce and the grounds for divorce in North Carolina can be found in the North Carolina General Statutes, specifically within the chapters dealing with domestic relations and family law.