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 Kansas (KS), the law allows for no-fault divorce, which means that spouses can seek a divorce without having to prove any fault on the part of the other spouse. The grounds for a no-fault divorce in Kansas are typically 'incompatibility,' which is a recognition that the marriage is irretrievably broken and there is no reasonable prospect for reconciliation. Kansas does not require spouses to allege fault such as adultery, cruelty, or abandonment to obtain a divorce. When it comes to the division of marital property, Kansas courts are directed to make an equitable distribution, which does not necessarily mean equal, but fair under the circumstances. While fault is not considered in the division of property, it may be relevant in other areas such as spousal support or child custody determinations. The specific statutes governing divorce in Kansas can be found in the Kansas Statutes Annotated (K.S.A.), particularly within the family law code.