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 Tennessee, spouses seeking a divorce can allege fault as a basis for the divorce, in addition to seeking a divorce on no-fault grounds such as irreconcilable differences. Tennessee law recognizes several fault grounds for divorce, including adultery, cruelty, conviction of a felony, abandonment, and substance abuse, among others. When fault is alleged and proven, it can influence the court's decision on the distribution of marital property, potentially leading to an uneven division in favor of the non-faulting spouse. Additionally, allegations of fault may affect determinations of spousal support and child custody. However, it is important to note that even in fault-based divorces, the court will consider various factors to ensure an equitable distribution of assets and the best interests of any children involved. An attorney can provide specific guidance on how fault may impact a divorce case in Tennessee.