In Pennsylvania, there are specific fault-based grounds for divorce. These include:
- Adultery: Engaging in consensual sexual relations with someone other than your spouse qualifies as a fault-based reason for divorce. Evidence must be clear and convincing, which can include circumstantial proof.
- Cruelty: Physical or mental abuse inflicted on a spouse constitutes grounds for a fault-based divorce.
- Voluntary Desertion: Leaving the marital home willingly for at least one year without justification is grounds for a fault-based divorce.
- Involuntary Desertion: Forcing a spouse out of the marital home and causing fear of harm upon their return can be cited as grounds for divorce.
- Bigamy: Entering into a subsequent marriage while still legally married to someone else is a fault-based ground for divorce.
- Imprisonment: Being incarcerated for two or more years qualifies as grounds for a fault-based divorce.
- Indignities: A pattern of disrespectful or humiliating behavior that makes the marriage intolerable can be grounds for divorce. A single instance is insufficient; a consistent pattern is required.
- Institutionalization: If a spouse is institutionalized for mental illness for at least 18 months before the divorce filing, with no expectation of discharge within 18 months after the filing, it constitutes a fault-based ground for divorce.
Court Discretion in Fault-Based Divorces
During a trial, the court may choose to:
- Grant the divorce to the spouse who is less at fault.
- Grant the divorce to both parties.
- Declare the parties divorced, considering other grounds presented.
The parties can also stipulate to proceed with the divorce without contesting these grounds.
Professional Legal Support
Navigating fault-based divorce grounds can be complex. Divorce Lawyer R. Badet provides skilled legal guidance, helping clients through every stage of the divorce process. With expertise in family law, including spousal support, child custody, and property division, R. Badet ensures the best possible outcome for your case.
For more information or a consultation, contact (267) 277-2641 or visit www.lawyersfordivorces.net.