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 Maryland, spouses seeking a divorce have the option to file on either fault or no-fault grounds. Fault grounds in Maryland include adultery, desertion, conviction of a crime with a sentence of three years or longer, insanity, cruelty, and excessively vicious conduct. No-fault divorce can be sought on the basis of a 12-month continuous separation or mutual consent if the couple has a settlement agreement and no minor children in common. When it comes to the division of marital property, Maryland courts may consider the circumstances that contributed to the divorce, including fault grounds, when making an uneven distribution of marital property. However, Maryland primarily operates under the principle of equitable distribution, which means the court will strive to divide marital property fairly, though not necessarily equally, between the spouses. Allegations of fault may also play a role in determinations of alimony and child custody.