Pennsylvania Divorce: Grounds and Fault Requirements
Married people residing in Pennsylvania who wish to separate and divorce must qualify under special circumstances.
October 25, 2012
Married people residing in Pennsylvania who wish to separate and divorce must qualify under special circumstances. Pennsylvania law outlines the situations that allow people to qualify as residents, obtain a fault-based divorce or be granted a no-fault divorce.No-Fault Divorce in Pennsylvania
No-fault divorce is when someone files for divorce and specifies that it is not the fault of either spouse. Pennsylvania residents have the option of filing for no-fault divorce in several circumstances:
-Institutionalism: The court may grant no-fault divorce when the spouse has been declared insane or suffers from serious mental disorder; the spouse must be institutionalized at least 18 months prior to the commencement of the divorce action.
-Mutual Consent: Both spouses must attest that the marriage is irretrievably broken; each spouse also must file an affidavit stating that they consent to the divorce in a mutual consent, which can usually be done without a court hearing.
-Irretrievable Breakdown: When the marriage cannot be repaired and has required the couple to live apart for two years, or the other spouse must not deny that the marriage is irretrievably broken. A judge may hold a hearing if one spouse declares that the marriage is not irretrievably broken and will take the matter under consideration for 90-120 days if there is a reasonable possibility that the marriage can be repaired. The judge may require the couple to undergo counseling during this time.
Fault-Based Divorce for Pennsylvania Residents
A judge may grant a fault-based divorce when the evidence shows that one or both spouses have done any of the following:
-Adultery
-Abandonment without reasonable cause for over one year
-Cruel and barbarous treatment including domestic violence in which the spouse has put health and life at risk through maltreatment
-Bigamy (married to more than one spouse)
-Imprisonment for more than two years
-Spouse made life unbearable or extremely difficult
Each Pennsylvania divorce is different, so if you are thinking about getting a divorce, contact an experienced Pennsylvania divorce lawyer for more information specific to your unique circumstances.
Article provided by Montgomery & Zimmerer LLC
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