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 North Carolina (NC), spouses can seek a divorce on both fault and no-fault grounds. The no-fault ground for divorce in NC is based on a separation of one year and a day, where spouses must live separate and apart with the intention of ending the marriage. On the other hand, fault grounds for divorce in NC include adultery, abandonment, cruel or barbarous treatment that endangers the life of the spouse, indignities rendering the spouse's condition intolerable and life burdensome, excessive use of alcohol or drugs, and incurable insanity. In cases where fault is alleged, it can impact the distribution of marital property, spousal support, and child custody. However, it's important to note that the mere assertion of fault does not automatically lead to an uneven distribution of assets; the court will consider the circumstances of each case. Additionally, allegations of marital misconduct may be relevant in determining alimony but are not considered when dividing marital property unless the behavior has had a financial impact on the marital estate.