Although fault must be proven in court to establish grounds for divorce, it is not considered when determining issues of property division or awards of maintenance. In other words, marital misconduct is irrelevant. The only time it is considered by the court, is when one spouse has dissipated marital assets (e.g., spouse spent marital funds for purposes unrelated to the marriage at a time of an irretrievable breakdown of the marriage). See similar questions...

The Georgia statutes list thirteen grounds for divorce. Most divorces are granted on the no-fault grounds that the marriage is irretrievably broken. The twelve other fault grounds may be found in O.C.G.A.§19-5-3. See similar questions...

To obtain a divorce on one of the 12 "fault" grounds, one must prove that there was some wrongdoing by one of the parties to the marriage. an example, one fault ground is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual. Another "fault" ground for divorce in Georgia is desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least a year. See similar questions...

New York has six grounds for divorce: Cruel and inhuman treatment, adultery, abandonment for a full year or more, imprisonment for three years or more, living separately for one year under a separation judgment granted by a Court, or living apart for one year under a separation agreement, that allows the parties to convert the judgment or agreement into a final judgment of divorce. See similar questions...

Under the Alabama divorce law the couple has to be separated for 2 years before filing for a no fault divorce. See similar questions...

In New Jersey, there are several "fault-based" grounds and one "no fault" cause of action for divorce. In most cases, fault has no bearing on how marital assets will be divided or on how support and alimony issues will be decided. Many lawyers and judges consider the concept of marital fault to be dead in New Jersey absent truly bizarre circumstances. In rare cases, the Court may consider the grounds for divorce as a factor in determining alimony. See similar questions...

To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary to show that there was any fault or wrongdoing by either party. See similar questions...

Texas is a no-fault divorce state which means that it is unnecessary to show that either party was at fault in order to obtain a divorce. It is only necessary to show that there is marital discord and there is no reasonable expectation of reconciliation. However, many fault issues (adultery, cruelty, etc.) are frequently relevant factors in divorce cases because they can have an impact on how the community property is divided, or how custody is decided. See similar questions...