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 Louisiana (LA), spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce is typically based on living separate and apart for a specific period, which can be 180 days if there are no minor children from the marriage, or 365 days if there are minor children. Fault-based divorces can be sought for reasons such as adultery, felony conviction, abandonment, physical or sexual abuse, or the other spouse having committed a crime against nature. When fault is alleged and proven, it can affect the distribution of community property and may be considered when determining spousal support. However, fault is not the only factor the court considers in property division; the court also looks at each spouse's economic needs, the value of the property, and other relevant factors. It's important to note that while fault can play a role in the financial aspects of the divorce, Louisiana courts also prioritize the best interests of any children involved when making custody determinations.