Grounds for Divorce by State

Each state has unique laws that specify the reasons and circumstances under which a person may be granted a divorce. These legal reasons are known as grounds for divorce. Grounds for divorce must be identified in a Petition or Complaint for Divorce, Dissolution, Annulment or Legal Separation and must be proven in court, or mutually agreed upon by the parties, in order for a court to grant a divorce, dissolution, annulment or legal separation. If you do not sufficiently prove the grounds asserted in your case, the court will not grant your request and you may be required to amend your Petition or Complaint or dismiss your case.

Historically, courts would not grant a divorce unless one spouse could prove that the other spouse had done something wrong or was at fault. Today there are many states that still use a spouse’s wrongdoing or fault as the grounds for granting a divorce and in cases of substantial wrong doing, require the wronged spouse to request a divorce based on fault. These divorces are called "fault divorces" and traditional grounds for these cases include, among others, abuse, adultery, abandonment, cruelty, impotency, imprisonment, pregnancy by a man other than the spouse and incurable insanity.

Today, many states have enacted laws that allow people to get divorced without proving the fault of either party. These divorces are called "no-fault" divorces and allow a spouse to divorce even over the objections of the other spouse, simply by showing that the marriage is no longer viable or is irretrievably broken.

"Why would you choose a fault divorce if your state permits no-fault divorces?" In a number of states, if a spouse proves fault he or she may be entitled to a larger share of the marital property, more maintenance or alimony and greater custody and visitation rights. Additionally, if a person proves that the other spouse is at fault, the judge will grant a divorce without making the parties wait out a lengthy period of separation that is required in some states before a no-fault divorce may be granted.

"What are the grounds for divorce in your state?" To find out whether your state is a fault or no-fault divorce and the grounds upon which your divorce may be granted, select your state for the drop down menu provided below.

Select State   Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.

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