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 West Virginia (WV), spouses seeking a divorce have the option to file on either fault or no-fault grounds. No-fault divorce can be sought on the basis of irreconcilable differences, which means that the marriage is broken beyond repair and there is no reasonable hope of reconciliation. On the other hand, fault-based divorces can be pursued for several reasons, including but not limited to adultery, cruelty or inhuman treatment, desertion for six months, addiction to drugs or alcohol, and conviction of a felony. When a spouse alleges fault, it can potentially influence the court's decision regarding the distribution of marital property. The court may award a more favorable property division to the spouse who is not at fault. However, it's important to note that proving fault can be more complex and may require more evidence, which can make the divorce process longer and more contentious. The specific statutes governing divorce in West Virginia can be found in the state's domestic relations laws.