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 Maryland, spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce can be sought on the basis of a 12-month separation or mutual consent, where both parties agree on major issues like property division, alimony, and child custody. Fault grounds for divorce in Maryland include adultery, desertion, conviction of a crime with a sentence of three years or more, cruelty, excessively vicious conduct, and insanity with confinement of at least three years. Maryland courts may consider fault when determining issues such as alimony and the division of marital property. However, fault is not the sole factor in these determinations; courts will also consider factors such as the duration of the marriage, each spouse's financial contributions, and each spouse's economic circumstances.