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 Rhode Island, spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce is based on the grounds of irreconcilable differences, which means that the marriage has broken down beyond repair. On the other hand, fault-based divorce can be sought for several reasons, including but not limited to adultery, extreme cruelty, willful desertion or absence for five years (or less in some cases), habitual drunkenness or drug addiction, neglect and refusal to provide necessities, and other serious grounds. Rhode Island law allows the court to consider the fault of a party when determining issues such as alimony and the division of marital property. Therefore, if one spouse alleges the other's fault in the breakdown of the marriage, it can potentially influence the court's decisions regarding financial settlements and support.