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 Utah, spouses seeking a divorce can file on either no-fault or fault grounds. No-fault divorce is based on irreconcilable differences, indicating that the marriage has broken down beyond repair. However, Utah also allows for fault-based divorces, where one spouse can allege specific grounds for the divorce. The fault grounds recognized by Utah law include adultery, extreme cruelty, willful desertion, willful neglect, habitual drunkenness, conviction of a felony, and incurable insanity. The court may consider these fault grounds when making decisions about the division of marital property, alimony, and in some cases, child custody. It's important to note that while fault can play a role in the financial and custodial outcomes of a divorce, the presence of fault does not necessarily guarantee an uneven distribution of assets or more favorable custody arrangements. An attorney can provide guidance on how fault might impact a specific divorce case in Utah.