Willful and Malicious Desertion as Grounds for Divorce in Pennsylvania

Pennsylvania is one of a number of states that allows divorcing couples to file for divorce on fault-based grounds. Some states only allow no-fault grounds for divorce while others have a very short list of fault-based grounds. Pennsylvania has a long list of fault-based grounds and allows divorcing couples to accuse one another of causing the breakdown of the marriage.

Willful and malicious desertion is one of the fault-based grounds that Pennsylvania allows. It describes a situation where one spouse voluntarily leaves the marital home with the intent to end the marriage. Desertion goes beyond temporary separation and involves the decision to abandon the marital relationship. Anyone alleging malicious desertion must meet specific legal requirements and prove specific elements to establish it as grounds for a divorce.

Requirements to prove desertion in Pennsylvania

 Generally speaking, the spouse alleging desertion must prove that their partner abandoned them for a specific amount of time. Courts will consider a continuous period of abandonment which ranges from several months to several years depending on the jurisdiction.

The party alleging desertion must be able to prove intent. They must prove that the spouse who abandoned them had the willful and malicious intent to abandon the relationship. The court will assess the circumstances surrounding the desertion to establish intent.

Impact on the division of assets and alimony

 The court can consider fault-based grounds when dividing the marital estate or awarding alimony to one spouse. The court may consider the circumstances surrounding the desertion when determining how marital assets should be divided. In addition, desertion can impact the award of alimony.

Child custody and support in desertion cases 

Desertion can be a major factor when deciding on child custody. The courts consider the best interests of the children when ruling on any custody matter. When desertion is a factor, the courts will consider several elements to determine which parent should have primary custody of the children.

If the courts are dealing with a parent who deserted their children and spouse, they are unlikely to favor them in child custody decisions. This parent will, however, be required to pay child support. The courts require that both parents support their children and aid in their upbringing. While the courts default on custody arrangements that include both parents, a parent who deserted their children will not be given the benefit of the doubt in custody matters.

Talk to a Philadelphia, Pennsylvania Family Law Attorney Today 

The Law Offices of Lauren H. Kane can help you file a fault-based divorce where you allege your spouse caused the breakdown of the marriage. Serving Bucks, Chester, Delaware, Montgomery & Philadelphia County, we can help you prove your spouse acted in such a way that they caused the marriage to become unsustainable. Call our Philadelphia family lawyers today to schedule an appointment, and we can discuss your goals and concerns for your divorce right away.