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 Nebraska, the law allows for both fault and no-fault grounds for divorce. For no-fault divorces, the spouses may cite irreconcilable differences that have led to the irretrievable breakdown of the marriage. When it comes to fault-based divorces, Nebraska recognizes several grounds such as adultery, willful abandonment for at least one year, cruelty and inhuman treatment, habitual drunkenness, conviction of a felony, and the insanity of one spouse. While Nebraska is listed among no-fault divorce states, it still permits fault to be alleged in divorce proceedings. However, the court's primary consideration in dividing marital property is to do so equitably, which does not necessarily mean equally, and fault may not play a significant role in this division. Fault may be more relevant in determinations related to spousal support and child custody. It's important to note that the specifics of how fault impacts divorce proceedings can be complex and may vary on a case-by-case basis, so consulting with an attorney for individual circumstances is advisable.