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 Alabama, spouses seeking a divorce can allege fault as a basis for the divorce. Alabama law recognizes several fault grounds for divorce, including adultery, cruelty or violence, habitual drunkenness or drug addiction, insanity, and abandonment, among others. If one spouse is found to be at fault, the court may consider this when dividing marital property and may award a more favorable property settlement to the innocent spouse. However, Alabama also allows for no-fault divorces on the grounds of incompatibility, irretrievable breakdown of the marriage, or voluntary abandonment for one year. In no-fault cases, the court generally will not consider the behavior of the spouses when dividing property, although fault can still be relevant for issues like spousal support and child custody. It's important to note that the specific application of these laws can vary, and an attorney can provide guidance tailored to an individual's situation.