While many jurisdictions still consider fault in setting jurisdiction to jurisdiction.

Allegations of fault and the defenses against it are volatile gases that make contested divorces so combustible.

In a few states, marital fault, such as majority of jurisdictions consider marital misconduct only when it has an economic impact on the marital estate. For example, the adulterous conduct of a man may be irrelevant, but the fact that he squandered marital funds at the racetrack with his girlfriend may be considered. A few jurisdictions consider the marital misconduct even when its impact is noneconomic or only slightly so.

Beginning with California in 1970, states began to permit no-fault divorce, and by the end of the 1970s, all but two states had some version of no-fault. Compared to fault divorce is still possible in more than 30 states.

Compared to uncontested divorces, the legal strategy behind party will need a lawyer. Even when a party has grounds for a fault divorce, many spouses today choose the no-fault route because it is easier and simpler. Some aggrieved spouses, however, may be tempted to use fault in retribution or as a means of vindication. Such strategy is often ill advised.

In most states, alleging and even proving marital fault does not work to the advantage of the spousal support.

See also Fault and No-Fault Divorce; Recrimination; Condonation; Connivance.