20 Legal Reasons to Get Divorced

Legally, you can get divorced in the United States today without providing any specific reason at all. Every state now has some form of no-fault divorce, which allows either spouse to end the marriage by citing irreconcilable differences or irretrievable breakdown. But many states also retain fault-based grounds — specific legal reasons you can allege that may affect property division, alimony, or other outcomes. Understanding both types gives you a clearer picture of your options.

No-fault divorce does not mean fault cannot matter. In states that retain fault-based grounds, proving fault can affect the financial settlement — which is why the legal reasons for divorce still matter even when you do not need to prove one to get divorced.

No-Fault Grounds (Available in All States)

1. Irreconcilable differences. This is the most commonly cited ground for divorce in the United States and is available in every state. It requires no proof of wrongdoing by either party — only that the marriage has broken down to the point that the spouses cannot live together. It is the default ground for most modern divorces.

2. Irretrievable breakdown of the marriage. A variation of irreconcilable differences used in some states. The standard is essentially the same: the marriage has failed and cannot be restored. Some states require that the couple have lived separately for a specified period before this ground becomes available.

3. Separation for a required period. Some states require spouses to live separately for a defined period — often six months to two years depending on the state and whether children are involved — before either may file for no-fault divorce. The separation itself is the legal ground. A formal separation agreement during this period can address property, support, and custody in advance of the final divorce decree.

4. Mutual consent. In some states, if both spouses agree that the marriage is over and agree on all terms, the divorce can proceed on mutual consent grounds with a simplified process and shorter waiting periods.

Fault-Based Grounds (Available in Many States)

5. Adultery. One of the most commonly recognized fault grounds in states that still permit fault-based divorce. Adultery — voluntary sexual intercourse by a married person with someone other than their spouse — must typically be proved by evidence, not mere suspicion. In some states, proving adultery affects alimony awards or property division.

6. Cruelty or domestic violence. Physical or mental cruelty is a fault ground in many states. Physical cruelty generally requires evidence of actual abuse. Mental or emotional cruelty, recognized in some states, may require a pattern of behavior that creates genuine suffering or endangers health. Protective orders and police reports can serve as supporting evidence.

7. Desertion or abandonment. When one spouse voluntarily leaves the marital home without consent and without justification and fails to return for a legally defined period — often one year — desertion may constitute fault grounds for divorce in states that recognize it. Constructive desertion, where one spouse’s conduct forces the other to leave, is also recognized in some states.

8. Felony conviction and imprisonment. If a spouse is convicted of a felony and sentenced to imprisonment for a specified period — typically three or more years — this constitutes legal grounds for divorce in many states. The innocent spouse is not required to remain in the marriage during or after the incarceration.

9. Substance abuse and addiction. Habitual drunkenness or drug addiction is recognized as fault grounds for divorce in several states. The condition must typically be habitual and ongoing rather than historical.

10. Impotency. Permanent physical incapacity to consummate the marriage — when it existed at the time of the marriage and was unknown to the other spouse — constitutes grounds for annulment or divorce in many states. The legal theory is that a material aspect of the marriage contract was not disclosed.

11. Insanity or mental incapacity. Some states recognize permanent mental illness or incapacity as grounds for divorce, particularly when the condition requires institutionalization for a defined period. This ground is relatively rarely used and involves complex procedural requirements.

12. Bigamy or polygamy. If a spouse was already married when the current marriage was entered into, the current marriage is void or voidable and grounds for divorce or annulment exist in all states. A marriage that is void from the beginning can be dissolved without the standard divorce process.

13. Fraud or misrepresentation. If one spouse induced the marriage through material fraud — misrepresenting fertility, concealing a prior existing marriage, or making false material representations that the other spouse relied upon — annulment or divorce on fraud grounds may be available in some states.

14. Force or duress. A marriage entered into under compulsion or duress lacks the voluntary consent required for a valid marriage. In such circumstances, annulment or divorce may be available on the basis that no valid marriage was formed.

Procedural and Financial Grounds

15. Failure to pay spousal support under a prior separation agreement. When a couple has entered a formal separation agreement that includes support obligations, persistent material breach of those obligations may provide grounds to proceed to final divorce in states that require a period of separation prior to filing.

16. Cruelty sufficient to endanger health or reason. Some states recognize a distinct standard of cruelty that focuses specifically on whether a spouse’s conduct endangers the other’s health or reason — a standard that can encompass sustained psychological abuse documented through medical or therapeutic records.

17. Living separate and apart following a legal separation decree. In states that use legal separation as a precursor to divorce, a couple that has obtained a legal separation decree and continued to live apart for the required period may then file for final dissolution of the marriage based on the separation.

Legal Strategy Considerations

18. Alleging fault for financial impact on alimony. In states where fault remains relevant, proving fault by the other spouse — adultery, cruelty, abandonment — may result in greater alimony awards for the innocent spouse or reduction in alimony obligations by the at-fault spouse.

19. Alleging fault for impact on property division. In some states, marital misconduct that caused the dissipation of marital assets — spending marital money on an affair partner, for example — can be considered in dividing the marital estate.

20. Waiving fault grounds in exchange for an agreed settlement. Many divorce attorneys advise alleging fault grounds where they exist as a negotiating tool that is then waived in exchange for a more favorable settlement. Understanding the available grounds — whether or not they are ultimately pursued — is part of effective legal strategy.

Understanding the legal landscape is the beginning, not the end, of navigating divorce well. For a broader perspective on what leads couples to this point, top 5 reasons for divorce covers the most common underlying causes. And if you’re approaching this from a faith perspective, 20 biblical reasons to get divorced addresses what Scripture actually permits.