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 Georgia, spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce is based on the marriage being irretrievably broken, which is similar to irreconcilable differences in other states. When it comes to fault-based divorces, Georgia law recognizes several grounds, including adultery, desertion, cruelty, habitual intoxication, drug addiction, and mental incapacity at the time of marriage, among others. If a spouse files for divorce on fault grounds and proves the allegations, it can influence the court's decisions regarding the division of marital property, spousal support, and potentially child custody. However, even in a no-fault divorce, evidence of a spouse's misconduct may still be relevant to these issues. It's important to note that the specifics of how fault impacts the division of property and other divorce-related matters can be complex and may require the guidance of an attorney.