What are the grounds for divorce in the USA?

Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide


In the United States, grounds for divorce generally fall into two categories: no-fault and fault-based.

No-Fault Divorce

  • In a no-fault divorce, neither spouse is required to prove wrongdoing. The most common ground is irreconcilable differences or an irretrievable breakdown of the marriage.

  • All 50 states allow for no-fault divorces.

  • Some states require a period of separation before finalizing the divorce.

Fault-Based Divorce

Fault-based divorces require one spouse to prove that the other spouse's actions caused the breakdown of the marriage. Common grounds include:

  1. Adultery – One spouse has been unfaithful.

  2. Cruelty or Abuse – Physical or emotional abuse.

  3. Abandonment – One spouse leaves the marital home for a specified period (usually one year).

  4. Substance Abuse – Chronic drug or alcohol addiction.

  5. Imprisonment – One spouse is sentenced to prison for a certain amount of time.

  6. Mental Illness – Severe, unmanageable mental health issues.

State Variations

  • The grounds and processes for divorce can vary by state. Some states only allow no-fault divorce, while others still permit fault-based claims.

  • States like New York and Virginia still allow for fault-based grounds alongside no-fault options.

Would you like me to break down the specific divorce grounds and requirements for major states like New York, California, and Florida?

Divorce Laws by State

Looking for more guidance and/or got more questions? Find the support you need with out Expert Guide!

Previous
Previous

What is the difference between a contested and uncontested divorce?