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 Maine (ME), spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce is based on the assertion of irreconcilable differences between the spouses. Fault-based divorces, on the other hand, can be sought for several reasons, including adultery, extreme cruelty, desertion for a specified period, continued substance abuse, and confinement for incurable insanity. While Maine allows for both fault and no-fault divorces, the presence of fault can influence the court's decisions regarding the division of marital property, spousal support, and child custody. However, it's important to note that even in fault-based cases, the division of property is not automatically uneven; the court will consider the circumstances of each case. Maine's statutes provide the legal framework for these provisions, and individuals seeking divorce are advised to consult with an attorney to understand how these laws may apply to their specific situation.