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 Georgia, spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce is based on the marriage being irretrievably broken, which is similar to irreconcilable differences in other states. When filing for a fault-based divorce, Georgia law recognizes several grounds, including adultery, desertion, cruelty, habitual intoxication, drug addiction, and mental incapacity at the time of marriage, among others. While Georgia is not a strict no-fault state, fault can still play a significant role in the proceedings. The court may consider the fault or misconduct of either party when determining the division of marital assets, awarding alimony, and making decisions regarding child custody and support. Therefore, alleging fault in a divorce can potentially influence the financial and custodial outcomes of the divorce settlement.