Grounds for Divorce by State: No-Fault and Fault Grounds
The legal reason for ending a marriage is known as the "grounds for divorce." Every state allows divorce without proving that one spouse caused the marriage to end, commonly referred to as no-fault divorce. Many states also continue to recognize fault-based grounds for divorce.
What Is a No-Fault Divorce?
A no-fault divorce does not require either spouse to prove that the other spouse caused the marriage to end. Instead, the spouse seeking the divorce relies on a no-fault ground recognized by state law.
Depending on where the divorce is filed, the no-fault ground may be irreconcilable differences, incompatibility, irretrievable breakdown of the marriage, or another ground established by state law. The terminology matters because divorce documents generally must state a ground recognized by the law of the state where the divorce is filed. In some states, living separate and apart for a specified period of time provides a no-fault ground for divorce.
What Is a Fault-Based Divorce?
In states that recognize fault grounds, a spouse may be able to seek a divorce based on specific conduct or circumstances identified by state law.
Common fault grounds include adultery, abandonment or desertion, cruelty, habitual drunkenness or drug use, and certain criminal convictions. Some states recognize additional grounds. The available grounds and requirements vary considerably from state to state.
Some states permit only no-fault divorce, while others continue to offer both no-fault and fault-based grounds.
Grounds for Divorce in All 50 States
The table below identifies the no-fault grounds and fault grounds for divorce in each state.
| State | Grounds for Divorce |
|---|---|
| Alabama |
No-Fault Grounds: Incompatibility of temperament; irretrievable breakdown of the marriage Fault Grounds: Adultery; voluntary abandonment for one year; qualifying imprisonment; commission of the statutory "crime against nature"; habitual drunkenness or habitual use of certain drugs acquired after marriage; actual violence or reasonable apprehension of such violence; pregnancy of the wife by another person at the time of marriage without the husband's knowledge; physical and incurable incapacity at the time of marriage; specified prolonged incurable insanity; and a limited statutory ground based on a wife living separate and apart without support for two years |
| Alaska |
No-Fault Ground: Incompatibility of temperament Fault Grounds: Adultery; conviction of a felony; willful desertion for one year; cruel and inhuman treatment; personal indignities rendering life burdensome; habitual gross drunkenness; addiction after marriage to the habitual use of specified drugs; failure to consummate the marriage; and qualifying incurable mental illness |
| Arizona |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: None for a standard marriage. Covenant marriages have separate grounds, including adultery, certain felony convictions, abandonment, physical or sexual abuse or domestic violence, habitual drug or alcohol abuse, and specified separation and consent grounds |
| Arkansas |
No-Fault Ground: Living separate and apart continuously without cohabitation for 18 months Fault Grounds: Conviction of a felony or other infamous crime; habitual drunkenness for one year; cruel and barbarous treatment endangering the life of the other spouse; indignities rendering the other spouse's condition intolerable; adultery; impotence; and qualifying incurable insanity. Covenant marriages have separate grounds |
| California |
No-Fault Grounds: Irreconcilable differences that have caused the irremediable breakdown of the marriage; permanent legal incapacity to make decisions Fault Grounds: None |
| Colorado |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: None |
| Connecticut |
No-Fault Grounds: The marriage has broken down irretrievably; living apart because of incompatibility for at least 18 months with no reasonable prospect of reconciliation Fault Grounds: Adultery; fraudulent contract; willful desertion for one year with total neglect of duty; habitual intemperance; intolerable cruelty; certain qualifying criminal convictions; seven years' absence without being heard from; and qualifying confinement because of mental illness |
| Delaware |
No-Fault Ground: The marriage is irretrievably broken and reconciliation is improbable. Fault Grounds: Misconduct by the respondent causing the separation. Delaware also permits irretrievable breakdown based on voluntary separation, incompatibility, or the respondent's mental illness |
| District of Columbia |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: None |
| Florida |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: Mental incapacity of one spouse for the required statutory period |
| Georgia |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: Intermarriage within prohibited degrees; mental incapacity at the time of marriage; impotency at the time of marriage; force, menace, duress, or fraud in obtaining the marriage; pregnancy of the wife by another man at the time of marriage without the husband's knowledge; adultery; willful and continued desertion for one year; conviction of an offense involving moral turpitude with the required sentence; habitual intoxication; cruel treatment; incurable mental illness; and habitual drug addiction |
| Hawaii |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: None |
| Idaho |
No-Fault Ground: Irreconcilable differences Fault Grounds: Adultery; extreme cruelty; willful desertion; willful neglect; habitual intemperance; conviction of a felony; and permanent insanity |
| Illinois |
No-Fault Ground: Irreconcilable differences have caused the irretrievable breakdown of the marriage. Fault Grounds: None |
| Indiana |
No-Fault Ground: Irretrievable breakdown of the marriage Fault Grounds: Conviction of either spouse of a felony after the marriage; impotence existing at the time of marriage; and incurable insanity for at least two years |
| Iowa |
No-Fault Ground: Breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved Fault Grounds: None |
| Kansas |
No-Fault Ground: Incompatibility Fault Grounds: Failure to perform a material marital duty or obligation; incompatibility by reason of qualifying mental illness or mental incapacity |
| Kentucky |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: None |
| Louisiana |
No-Fault Ground: Living separate and apart for the required statutory period Fault Grounds: Adultery; conviction of a felony with the required sentence; physical or sexual abuse of the spouse or a child of either spouse; and certain protective orders or injunctions based on abuse. Covenant marriages have separate grounds |
| Maine |
No-Fault Ground: Irreconcilable marital differences Fault Grounds: Adultery; extreme cruelty; utter desertion for three consecutive years; gross and confirmed habits of intoxication from liquor or drugs; nonsupport under the circumstances stated in the statute; cruel and abusive treatment; impotence; and appointment of a qualifying full guardian for one spouse |
| Maryland |
No-Fault Grounds: Irreconcilable differences; mutual consent; 6-month separation Fault Grounds: None |
| Massachusetts |
No-Fault Ground: Irretrievable breakdown of the marriage Fault Grounds: Adultery; utter desertion for one year; gross and confirmed habits of intoxication caused by voluntary and excessive use of alcohol or drugs; cruel and abusive treatment; gross, wanton, and cruel refusal or neglect to provide suitable support when able to do so; impotency; and certain qualifying confinement following conviction of a crime |
| Michigan |
No-Fault Ground: Breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved Fault Grounds: None |
| Minnesota |
No-Fault Ground: Irretrievable breakdown of the marriage relationship Fault Grounds: None |
| Mississippi |
No-Fault Ground: Irreconcilable differences Fault Grounds: Adultery; being sentenced to the penitentiary; willful, continued, and obstinate desertion for one year; habitual drunkenness; habitual and excessive use of specified drugs; habitual cruel and inhuman treatment; natural impotency; mental illness or intellectual disability existing at the time of marriage without the other spouse's knowledge; marriage to another person at the time of the purported marriage; prohibited degree of kinship; pregnancy of the wife by another person at the time of marriage without the husband's knowledge; and qualifying incurable insanity |
| Missouri |
No-Fault Ground: The marriage is irretrievably broken and there remains no reasonable likelihood that the marriage can be preserved. Fault Grounds: None |
| Montana |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: None |
| Nebraska |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: None |
| Nevada |
No-Fault Grounds: Incompatibility; living separate and apart without cohabitation for one year Fault Grounds: Qualifying insanity existing for the statutory period |
| New Hampshire |
No-Fault Ground: Irreconcilable differences which have caused the irremediable breakdown of the marriage Fault Grounds: Adultery; extreme cruelty; conviction and imprisonment for a qualifying crime; treatment seriously injuring the other spouse's health or endangering reason; habitual abuse of alcohol or drugs for two or more years; joining a religious sect that professes marriage unlawful and refusing to cohabit for six months; abandonment and refusal to cohabit for two years; impotency; and absence for two years without being heard from |
| New Jersey |
No-Fault Grounds: Irreconcilable differences causing the breakdown of the marriage for at least 6 months with no reasonable prospect of reconciliation; qualifying separation Fault Grounds: Adultery; willful and continued desertion for at least 12 months; extreme cruelty; voluntarily induced addiction to narcotic drugs or habitual drunkenness for the statutory period; qualifying imprisonment; deviant sexual conduct voluntarily performed without the consent of the other spouse; and qualifying institutionalization for mental illness |
| New Mexico |
No-Fault Ground: Incompatibility Fault Grounds: Cruel and inhuman treatment; adultery; abandonment |
| New York |
No-Fault Grounds: The relationship between the spouses has broken down irretrievably for a period of at least 6 months; living separate and apart for at least 6 months pursuant to a separation judgment or qualifying written separation agreement Fault Grounds: Cruel and inhuman treatment; abandonment for at least one year, including qualifying constructive abandonment; imprisonment for three or more consecutive years after the marriage; adultery |
| North Carolina |
No-Fault Ground: Living separate and apart for one year Fault Grounds: Incurable insanity under the separate statutory procedure |
| North Dakota |
No-Fault Ground: Irreconcilable differences Fault Grounds: Adultery; extreme cruelty; willful desertion; willful neglect; abuse of alcohol or controlled substances; and conviction of a felony |
| Ohio |
No-Fault Grounds: Incompatibility, unless denied by either spouse; living separate and apart without cohabitation for one year Fault Grounds: Willful absence for one year; adultery; extreme cruelty; fraudulent contract; gross neglect of duty; habitual drunkenness; qualifying imprisonment; a spouse having another living spouse at the time of marriage; and the limited statutory ground involving a divorce obtained outside Ohio that releases only one spouse from the obligations of marriage |
| Oklahoma |
No-Fault Ground: Incompatibility Fault Grounds: Abandonment for one year; adultery; extreme cruelty; fraudulent contract; habitual drunkenness; gross neglect of duty; imprisonment for a felony; impotency; pregnancy of the wife by another person at the time of marriage; qualifying insanity; and the statutory circumstance involving an out-of-state divorce that does not release the other spouse from the obligations of marriage |
| Oregon |
No-Fault Ground: Irreconcilable differences between the parties have caused the irremediable breakdown of the marriage. Fault Grounds: None |
| Pennsylvania |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: Willful and malicious desertion for at least one year; adultery; cruel and barbarous treatment endangering the life or health of the innocent spouse; knowingly entering into a bigamous marriage; qualifying imprisonment; and indignities rendering the innocent spouse's condition intolerable and life burdensome |
| Rhode Island |
No-Fault Grounds: Irreconcilable differences which have caused the irremediable breakdown of the marriage; living separate and apart for the statutory period Fault Grounds: Adultery; extreme cruelty; willful desertion; continued drunkenness; habitual, excessive, and intemperate use of specified drugs; statutory nonsupport; other gross misbehavior and wickedness repugnant to and in violation of the marriage covenant; and impotency |
| South Carolina |
No-Fault Ground: Living separate and apart without cohabitation for one year Fault Grounds: Adultery; desertion for one year; physical cruelty; and habitual drunkenness, including habitual drunkenness caused by the use of narcotic drugs |
| South Dakota |
No-Fault Ground: Irreconcilable differences Fault Grounds: Adultery; extreme cruelty; willful desertion; willful neglect; habitual intemperance; and conviction of a felony |
| Tennessee |
No-Fault Grounds: Irreconcilable differences; living in separate residences without cohabitation for at least two years when there are no minor children of the parties and the statutory requirements are met Fault Grounds: Bigamy; adultery; willful or malicious desertion or absence for one year; qualifying criminal convictions; attempt on the life of the other spouse; certain refusal to relocate to Tennessee followed by two years' absence; habitual drunkenness or abuse of narcotic drugs acquired after marriage; cruel and inhuman treatment or conduct, also called inappropriate marital conduct; indignities rendering the spouse's position intolerable; abandonment or turning the spouse out of doors coupled with refusal or neglect to provide support when able; impotence existing at marriage; and pregnancy by another person at the time of marriage without the husband's knowledge under the circumstances stated in the statute |
| Texas |
No-Fault Ground: Insupportability because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation Fault Grounds: Cruelty; adultery; conviction of a felony under the statutory requirements; abandonment for at least one year; living apart without cohabitation for at least three years; and qualifying confinement in a mental hospital |
| Utah |
No-Fault Ground: Irreconcilable differences of the marriage Fault Grounds: Adultery; willful desertion for more than one year; willful neglect to provide the common necessaries of life; habitual drunkenness; conviction of a felony; cruel treatment causing bodily injury or great mental distress; impotency existing at the time of marriage; incurable insanity; and living separately under a decree of separate maintenance for three consecutive years without cohabitation |
| Vermont |
No-Fault Ground: Living apart for 6 consecutive months when resumption of marital relations is not reasonably probable Fault Grounds: Adultery; intolerable severity; willful desertion; persistent refusal or neglect to provide suitable maintenance when able to do so; qualifying imprisonment; seven years' absence without being heard from; and permanent incapacity due to a qualifying mental condition or psychiatric disability |
| Virginia |
No-Fault Ground: Living separate and apart without cohabitation and without interruption for the statutory period Fault Grounds: Adultery occurring before the parties' last separation; sodomy or buggery committed outside the marriage; qualifying felony conviction and confinement; cruelty; reasonable apprehension of bodily hurt; and willful desertion or abandonment |
| Washington |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: None |
| West Virginia |
No-Fault Grounds: Irreconcilable differences when admitted by the responding spouse; living separate and apart in separate places of abode without cohabitation and without interruption for one year Fault Grounds: Cruel or inhuman treatment; adultery; conviction of a felony; habitual drunkenness; habitual drug addiction; willful abandonment or desertion for six months; abuse or neglect of a child under the statutory requirements; and permanent and incurable insanity with the required period of institutional confinement |
| Wisconsin |
No-Fault Ground: The marriage is irretrievably broken. Fault Grounds: None |
| Wyoming |
No-Fault Ground: Irreconcilable differences in the marital relationship Fault Grounds: None |
Can I Change the Grounds for Divorce in My Documents?
The grounds available for divorce are determined by state law. In an uncontested divorce, using an available no-fault ground generally provides the simplest path to completing the divorce because neither spouse must prove that the other was responsible for the breakdown of the marriage. Although some people may prefer a fault ground because they feel it better explains why the marriage ended, alleging fault can require different allegations, evidence, or procedures and may make an otherwise uncontested divorce more complicated. DivorceWriter customers filing in Arkansas and New York have the option to select between no-fault and fault-based grounds.
