Grounds for Divorce in Pennsylvania
The State of Pennsylvania allows for both fault-based and no-fault grounds for divorce. In other words, the law allows you to blame the other spouse for the breakdown of the marriage, or not. Whether or not you pursue fault-based grounds will depend heavily on your individual circumstances and the potential benefits of doing so. Hopefully, you will have a seasoned divorce lawyer representing your interests during the process. In this article, the Philadelphia divorce lawyers at The Law Offices of Lauren H. Kane will discuss Pennsylvania law when it comes to divorce grounds and how they could factor into your divorce case.
Fault-based divorces in Pennsylvania
To pursue a divorce on fault-based grounds, you must be able to establish one of six grounds for divorce under the law. These include:
- Desertion – When one spouse commits “willful and malicious desertion,” and absence from the home of the injured and innocent spouse, without a reasonable cause, for the period of one or more years.
- Adultery – When one spouse cheats on the other spouse during the marriage by having sexual relationships with another individual, this can establish fault-based grounds for the divorce in Pennsylvania.
- Cruel and barbarous treatment – When one spouse subjects the other to “cruel and barbarous treatment” or endangers the life or health of the injured and innocent spouse, this can be used as a fault-based ground for divorce in Pennsylvania.
- Bigamy – When one spouse enters into another marriage while the current marriage still exists, this can be used as fault-based grounds for divorce in Pennsylvania.
- Imprisonment – If one spouse is convicted of a crime and sentenced to a term of two or more years, the other spouse can file for divorce on fault-based grounds.
- Indignities – If one spouse subjects the other to indignities such that they render the spouse’s condition intolerable and life burdensome, that spouse can pursue a fault-based divorce in Pennsylvania.
No-fault grounds for divorce in Pennsylvania
More commonly, couples pursue a divorce on no-fault grounds. Such divorces tend to be cheaper and easier to resolve. Pennsylvania permits three types of no-fault grounds for divorce. These include:
- Institutionalization – PA courts can grant a divorce on the ground that insanity or serious mental illness has resulted in involuntary confinement in a mental institution for at least 18 months immediately before the commencement of a divorce action. The spouse petitioning for divorce must prove that there is no reasonable prospect that the spouse will be released from inpatient care during the next 18 months. This must be established by a certificate of the superintendent of the institution that is treating the spouse and it must include supporting documentation from a treating physician.
- Mutual consent – If both spouses allege that the marriage is irretrievably broken and 90 days have elapsed from the divorce petition, then a no-fault divorce will be granted.
- Irretrievable breakdown – The PA courts can grant a divorce when a complaint has been filed alleging that the marriage is irretrievably broken. An affidavit must be filed alleging that the parties have lived apart for the period of at least one year.
Talk to a Philadelphia Divorce Lawyer Today
Ready to divorce? Call our Philadelphia family lawyers with years of experience and a commitment to excellence. Call The Law Offices of Lauren H. Kane today and learn more about how we can help.
Source:
legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=33&sctn=1&subsctn=0
