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 Nebraska, the law allows for both fault and no-fault grounds for divorce. For no-fault divorces, the spouses may cite irreconcilable differences that have led to the irretrievable breakdown of the marriage. When it comes to fault-based divorces, Nebraska recognizes several grounds such as adultery, abandonment for one year or more, physical or mental cruelty, habitual drunkenness, conviction of a felony, and the insanity of one spouse. While Nebraska is a no-fault divorce state, meaning that a spouse does not need to prove fault to obtain a divorce, fault can still play a role in certain aspects of the divorce proceedings. For example, while the court generally divides marital property without regard to marital fault, fault may be considered when determining issues such as alimony or spousal support. However, it is not typically used to determine the division of marital property.