Adultery as Grounds for a Divorce in Pennsylvania
The State of Pennsylvania allows both no-fault and fault-based grounds for divorce. This means you can (if you so desire) blame the other spouse for the breakdown of the marriage. As the one filing the divorce, you would have to prove specific fault-based grounds. One of the grounds you can prove in Pennsylvania is adultery. In other words, you can say that your spouse caused the breakdown of the marriage because they cheated on you. Not every state allows spouses to accuse their partners of specific misconduct that caused the breakdown of the marriage. In this article, the Philadelphia family lawyers at the Law Offices of Lauren H. Kane will discuss the fault-based ground of adultery and how it applies to Pennsylvania divorce cases.
Understanding adultery as grounds for divorce in Pennsylvania
In legal terms, adultery is defined as sexual intercourse between a married individual and someone who is not their spouse. Every state has its own laws regarding divorce. Some states do not allow you to file a divorce on fault-based grounds at all. Other states don’t consider adultery a valid ground for a fault-based divorce. Most states will consider adultery when it comes to dividing the marital estate because in many cases, adultery involves the dissipation of shared marital assets. Cheating spouses will spend money on paramours. If that can be proven, then the spouse who was cheated on may be favored when it comes to dividing the marital estate.
In Pennsylvania, adultery is considered one of the fault-based grounds for divorce. Alleging adultery allows a spouse to dissolve their marriage based on the accusation that their spouse cheated on them. According to Pennsylvania’s Consolidated Statutes § 3301, “the court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has…(2) committed adultery.”
Those filing for divorce on the grounds of adultery have the burden of proving that the affair happened.
Legal implications of adultery in Pennsylvania divorce cases
Adultery can impact a family law case in a variety of ways. If there is evidence that marital assets were diverted to fund the affair, the court will consider adultery when dividing the marital estate. Pennsylvania is considered an equitable distribution state. That means that the marital estate is divided fairly, although not necessarily evenly. If you can prove your spouse used marital accounts to fund their affair, you can generally get the court to grant you a greater share of the marital estate.
In addition, an allegation of adultery can affect alimony payments. A spouse who committed adultery is less likely to get an award of alimony or they may get a smaller alimony payment than they would otherwise be entitled to.
Lastly, adultery can play a role in child custody determinations. The Pennsylvania courts prioritize the best interests of the children when making decisions regarding custody. Evidence of a parent’s extramarital affair may influence the court’s decisions if the affair proved harmful to the child.
Talk to a Philadelphia, Pennsylvania Divorce Lawyer Today
The Law Offices of Lauren H. Kane represent the interests of Philadelphia residents in divorce cases. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your case right away.
