Divorce laws vary significantly by country, state, or jurisdiction. In the United States, most states now operate under “no-fault” divorce systems, meaning you do not have to prove wrongdoing by your spouse to obtain a divorce. However, many states still allow fault-based grounds as options, and in some countries (or in certain U.S. cases involving alimony, property division, child custody, or domestic violence protections), proving fault can influence the outcome of financial settlements, spousal support, or custody decisions.
Below are 20 recognized legal grounds/reasons that can be used to file for divorce in various jurisdictions (primarily U.S. states and common-law countries). Some are no-fault, others are fault-based, and a few are hybrid or jurisdiction-specific.
- Irreconcilable Differences / Irretrievable Breakdown of the Marriage
The most common no-fault ground in almost every U.S. state and many other countries. You simply state that the marriage has broken down and there is no reasonable prospect of reconciliation. - Living Separate and Apart for a Specified Period
Many states allow divorce after living apart continuously for a set time (e.g., 6 months in New York, 1 year in California, 2 years in some states without consent). No other fault is required. - Adultery / Extramarital Sexual Relations
A classic fault ground still available in most U.S. states and many countries. Proof of sexual intercourse with someone other than the spouse is usually required. - Cruelty / Physical or Mental Cruelty
One spouse has inflicted physical violence or mental/emotional cruelty (e.g., extreme verbal abuse, humiliation, threats) that makes living together intolerable. - Desertion / Abandonment
One spouse has willfully and without justification left the marital home for a continuous period (typically 1–2 years) with intent to end the marriage. - Constructive Abandonment / Denial of Sexual Relations
One spouse has unjustifiably refused sexual relations for a prolonged period (often 1+ years), making the marriage intolerable (recognized in some states).
- Felony Conviction / Imprisonment
One spouse has been convicted of a felony and sentenced to prison for a substantial period (often 3+ years), making continuation of the marriage unreasonable. - Habitual Drunkenness / Alcoholism
One spouse has a persistent, long-term problem with alcohol that renders them incapable of fulfilling marital duties (still a fault ground in some U.S. states). - Drug Addiction / Habitual Use of Narcotics
Similar to alcoholism — long-term, severe drug addiction that destroys the marital relationship (recognized in some jurisdictions). - Bigamy
One spouse was already legally married to someone else at the time of the current marriage (grounds for annulment or divorce in virtually all jurisdictions). - Impotence / Incurable Physical Incapacity for Sexual Intercourse
One spouse was permanently and incurably unable to engage in sexual relations at the time of marriage (grounds in some states and countries). - Insanity / Mental Incapacity
One spouse has been legally declared insane or confined to a mental institution for a long period (often 2–5 years), making continuation of the marriage impossible. - Fraudulent Inducement into Marriage
One spouse lied about a material fact (e.g., prior marriage, infertility, criminal history, financial status) that induced the other to marry. - Duress or Coercion
One spouse was forced or threatened into the marriage against their will. - Underage Marriage Without Proper Consent
One or both parties were below the legal age to marry without parental/judicial consent (grounds for annulment or divorce in many places). - Conviction of a Serious Crime Involving Moral Turpitude
One spouse has been convicted of a crime of moral turpitude (e.g., theft, fraud, certain sexual offenses) that makes continuing the marriage intolerable. - Habitual Gross Neglect of Duty
One spouse has persistently failed to fulfill basic marital obligations (financial support, household duties, emotional care) for a prolonged period.
- Incompatibility of Temperament
A fault or no-fault ground in some states/countries where the personalities are so fundamentally mismatched that the marriage is irretrievable. - Attempted Murder or Serious Bodily Harm
One spouse has attempted to kill or seriously injure the other (grounds in many jurisdictions and often accelerates protective orders and divorce). - Living Separate and Apart with No Intent to Resume Cohabitation
A common no-fault ground — after a statutory separation period (6 months to 2 years depending on jurisdiction), either party can file for divorce without proving fault.
Important Notes
- No-fault vs. fault-based: In most U.S. states and many countries, no-fault grounds (irreconcilable differences, separation) are sufficient and faster. Fault grounds are usually only used when they affect alimony, property division, or custody.
- Annulment vs. divorce: Some reasons (bigamy, fraud, underage, impotence) may qualify for annulment (declaring the marriage never legally existed) rather than divorce.
- Jurisdiction matters: Always check the specific laws of your state/country. Some places still require fault for certain remedies; others have long mandatory separation periods.
Divorce is a serious legal process with lifelong financial, emotional, and family consequences.
If you are considering divorce, consult a licensed family-law attorney in your jurisdiction and, where appropriate, a therapist or counselor. Many issues can be addressed through counseling, mediation, or legal separation before proceeding to full divorce.
