What are Grounds for Divorce? (2025)

Divorce is never easy, but understanding your legal options can make the path clearer.

One of the first questions people ask is: what are grounds for divorce? Put simply, “grounds” are the legally recognized reasons you can give when filing for divorce and they vary by state.

Let’s break down what that means for you and how to choose the right option.

What Does “Grounds for Divorce” Mean?

When you file for divorce, you’re telling the court why your marriage should end. These legal reasons or “grounds” fall into two main categories:

• No-fault divorce: You don’t have to provide a specific reason. Most people cite “irreconcilable differences” or an “irretrievable breakdown of the marriage.”

• Fault-based divorce: You claim your spouse’s actions (like infidelity or abuse) caused the marriage to fail and you’ll need to prove it in court.

Which States Allow No-Fault Divorce?

All 50 states plus Washington D.C. now recognize no-fault divorce. In most cases, this is the easiest, fastest, and least costly way to end a marriage.

Some states (like California) only allow no-fault divorce. Others give you the choice between no-fault and fault-based filings.

Common No-Fault Divorce Grounds

These are typically broad and don’t assign blame:

• Irreconcilable differences

• Irretrievable breakdown of the marriage

• Incompatibility

No-fault divorces are ideal for couples who want a clean break, with less conflict and lower legal fees.

Which States Still Allow Fault-Based Divorce?

These states still allow you to file on fault-based grounds:

Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Georgia, Maryland, New Jersey, New York, North Carolina, South Carolina, Vermont, Virginia, and Washington D.C.

If you live in one of these, you can choose to file fault-based or no-fault.

What Are Accepted Fault-Based Grounds?

Each state has its own list, but common fault-based reasons include:

• Adultery

• Abandonment or desertion

• Physical or emotional abuse

• Addiction or substance abuse

• Imprisonment or felony conviction

• Cruelty or mental cruelty

If you’re considering this route, know that fault is difficult to prove and may require court hearings, witness statements, or other strong evidence.

Proving Fault in Court

You’ll need legally admissible evidence to support your claims, such as:

• Eyewitness testimony

• Emails, texts, or recordings

• Police or medical reports

• A confession from your spouse

Because fault-based cases are more complex, having a divorce attorney is strongly recommended.

No-Fault Divorce: In Court vs. Out of Court

In Court:
If you go through the court system, a judge will decide on key issues like:

• Child custody and parenting time

• Spousal support (alimony)

• Property and debt division

Even in no-fault cases, court involvement may be necessary if there are disagreements.

Out of Court:
Many no-fault divorces can be handled without going to court, especially if uncontested. Options include:

• Mediation

• Collaborative divorce

• Online divorce services (like Divorce.com)

Uncontested divorces, where both spouses agree on all terms, are often the fastest and most affordable way to move forward.

Can Fault-Based Divorce Be Handled Outside of Court?

Generally, no. If you're filing on fault-based grounds, you'll need to go through the court process. Judges must evaluate the evidence and determine whether legal grounds have been met.

Some states may allow partial use of alternative methods (like mediation) to resolve side issues like child support, but fault itself must be decided in court.

Do You Need a Divorce Lawyer?

• For no-fault, uncontested divorces: You may not need an attorney, especially if you use an online platform or mediation.

• For fault-based or contested divorces: It’s strongly recommended to hire a lawyer, since proving fault and managing complex disputes can be difficult without legal help.

Which Divorce Filing Method Is Right for You?

Choosing the right approach depends on your relationship, your goals, and your state laws:

The Bottomline

Grounds for divorce are the legal reasons for ending a marriage. Today, all states recognize no-fault divorce and a growing number of couples are choosing it for a faster, less painful process.

But if you feel your spouse’s actions led to the breakdown of your marriage, fault-based divorce may offer a sense of justice. That is, if you’re prepared for a more complex road ahead.

At Divorce.com, we help you understand your options and take confident next steps, whether you're filing online, pursuing mediation, or simply need guidance to get started.

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