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 Virginia, spouses seeking a divorce can file on either fault or no-fault grounds. Fault grounds in Virginia include adultery, cruelty, desertion, and conviction of a felony with some period of imprisonment. No-fault divorce is also an option, typically after spouses have lived separately for a specified period—either six months with a separation agreement and no minor children, or one year if there are minor children involved. When it comes to the division of marital property, Virginia is an 'equitable distribution' state, which means the court divides property in a way that is fair but not necessarily equal. While Virginia courts generally divide property without regard to marital fault, fault can be a factor in determining spousal support and the division of property if the behavior is egregious enough to justify it. Additionally, fault may be considered when determining child custody arrangements.