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 Utah, spouses seeking a divorce can file on either no-fault or fault grounds. No-fault divorce is based on irreconcilable differences, indicating that the marriage has broken down beyond repair. However, Utah also allows for fault-based divorces, where one spouse can allege specific grounds for the divorce. These fault grounds include adultery, cruelty, willful desertion, willful neglect, habitual drunkenness, conviction of a felony, and incurable insanity. The presence of fault can influence the court's decisions regarding the division of marital property, alimony, and child custody. While the court may not make an uneven distribution of property based solely on no-fault grounds, allegations of fault by one spouse can lead to a more favorable outcome for the other spouse in terms of property division and spousal support. The specific statutes outlining divorce laws in Utah can be found in the Utah Code, particularly in the sections dealing with domestic relations.