Thinking about divorce is never easy—but understanding the legal grounds for ending a marriage can help you make more informed, confident decisions.
Whether you’re filing the paperwork yourself or hiring a lawyer, it’s important to know what your state law considers as valid reasons to divorce.
In this guide, we’ll explain the difference between no-fault and fault-based divorce, review common grounds across the U.S., and help you find out what applies specifically to your state.
What Are Grounds for Divorce?
Grounds for divorce are the legally recognized reasons why a court will grant the dissolution of a marriage.
There are two main categories:
- No-Fault Divorce
- Fault-Based Divorce
Your state may allow one or both types.
No-Fault Divorce: The Most Common Option
Most states now offer no-fault divorce, which allows couples to divorce without assigning blame to either spouse.
Common no-fault grounds include:
- Irreconcilable differences
- Irretrievable breakdown of the marriage
- Incompatibility
You don’t need to prove your spouse did anything wrong—just that the marriage cannot be repaired.
This is the most common type of divorce in the U.S. and tends to be faster and less expensive.
Fault-Based Divorce: When Misconduct Matters
Some states still allow (or require) you to state a specific reason—or “fault”—for why you’re seeking a divorce.
Common fault-based grounds:
- Adultery
- Abandonment or desertion
- Physical or emotional abuse
- Substance abuse or addiction
- Imprisonment
- Mental illness
- Cruelty or inhumane treatment
You’ll need to provide evidence to support your claim—and your spouse may contest it.
Fault-based divorces can affect things like alimony, custody, and property division depending on your state.
Grounds for Divorce by State (Overview)
Every state handles grounds for divorce differently. Here’s a quick overview of what to expect:
| State Type | Examples |
|---|---|
| No-Fault Only | California, Florida, Michigan, Washington |
| No-Fault + Fault Options | Texas, New York, Georgia, Illinois |
| Waiting Period Required | Varies (from 0 to 12 months) |
| Residency Requirements | Typically 6 weeks to 1 year before filing permitted |
Always check your state’s specific requirements or consult an attorney for the latest rules.
Why Do Grounds for Divorce Matter?
Even in no-fault states, your reason for divorce can affect:
- Division of property
- Spousal support (alimony)
- Custody decisions
- Public records (some states make fault-based claims part of the record)
Some couples may even strategically choose a fault-based or no-fault approach based on legal or financial goals.
You May Wanna Check Out:
- Legal Separation vs. Divorce: What’s the Difference?
- How to Get Full Custody of Your Child
- What Happens to the House in a Divorce?
Final Thoughts
Understanding the grounds for divorce in your state is a crucial first step toward protecting your legal rights and preparing for what comes next.
Whether you choose no-fault for a simpler path—or need to file based on misconduct—make sure you know your options, your obligations, and what the court requires.
A family law attorney can help you file the right way and avoid delays or complications.
Q: What are fault-based grounds for divorce?
A: Fault-based grounds include adultery, cruelty, abandonment, or criminal conviction, depending on your state.
Q: Can I file for divorce without blaming my spouse?
A: Yes. Most states allow no-fault divorce, where you don’t need to prove wrongdoing.
Q: Do divorce grounds affect alimony or custody?
A: In some states, yes. Misconduct may influence spousal support or custody decisions.
Safe Trusted Source Example:
For a state-by-state summary of divorce laws, visit Nolo’s Guide to Grounds for Divorce.
Want to learn more about your legal rights during divorce? Explore our full Family Law & Divorce section for more guides.
