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 Ohio, spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce can be sought on the basis of incompatibility, unless denied by either party, or living separate and apart without cohabitation for one year. Fault grounds in Ohio include adultery, extreme cruelty, fraudulent contract, any gross neglect of duty, habitual drunkenness, imprisonment of the other spouse, and obtaining a divorce outside of Ohio by one spouse that does not release the other spouse from the obligations of the marriage. When it comes to property division, Ohio is an equitable distribution state, meaning the court divides marital property equitably, but not necessarily equally, after considering several factors. While Ohio law does not explicitly state that fault will be considered in the division of property, the conduct of the parties during the marriage can be one of the factors the court takes into account when making an equitable distribution. Additionally, fault may play a role in determinations of spousal support and child custody.