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 Hawaii, a spouse seeking a divorce may do so on no-fault grounds, which means that the divorce can be granted based on irretrievable breakdown of the marriage or due to living apart for a certain period under a decree of separation or a decree of separate maintenance. Hawaii does not require a spouse to allege the other spouse's fault as a basis for the divorce. When it comes to the division of marital or community property, the court in Hawaii will not consider fault. Instead, the division is based on a principle of equitable distribution, which aims to divide property fairly, though not necessarily equally, between the spouses. However, allegations of fault may still play a role in other aspects of the divorce proceedings, such as determining spousal support and child custody. It's important to note that while Hawaii operates under no-fault divorce laws, the specific circumstances of each case can affect how issues like property division, spousal support, and child custody are resolved. An attorney can provide guidance tailored to an individual's situation.