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 Tennessee, spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce is typically based on irreconcilable differences, indicating that the marriage cannot be sustained due to fundamental disagreements without assigning blame to either party. On the other hand, fault-based divorces involve one spouse alleging that the other's misconduct led to the breakdown of the marriage. Tennessee recognizes several fault grounds, including adultery, cruelty, conviction of a felony, habitual drunkenness or drug abuse, abandonment, and inappropriate marital conduct, among others. When fault is alleged and proven, it can impact the division of marital property, potentially leading to an uneven distribution in favor of the spouse who is not at fault. Additionally, fault may be considered when determining matters such as alimony and child custody. It's important to note that while fault can influence the division of assets and other divorce-related decisions, the specifics of each case can vary, and an attorney can provide guidance tailored to the individual circumstances of the divorce.