Pennsylvania allows divorces based on specific fault grounds, which include:
- Adultery: Engaging in consensual sexual activity with someone other than your spouse. Proof of adultery must be clear and convincing, often through circumstantial evidence.
- Cruelty: Physical or mental abuse inflicted upon a spouse.
- Voluntary Desertion: Leaving the marital residence willingly and without justification for a period of one year or more.
- Involuntary Desertion: Forcing a spouse to leave the marital home due to fear of harm.
- Bigamy: Entering into another marriage while still legally married.
- Imprisonment: Being incarcerated for two years or longer.
- Indignities: Behaviors that render the marital relationship intolerable, such as a sustained pattern of mistreatment. A single instance is insufficient to establish this ground.
- Institutionalization: A spouse being confined to a mental health facility for at least 18 months before filing for divorce, with no reasonable prospect of discharge within the next 18 months.
Court’s Discretion in Fault-Based Divorce At trial, the court may grant a divorce to one party, both parties, or declare them divorced based on fault. The decision may depend on the severity of fault and any alternative grounds presented.
Legal Support
Navigating a fault-based divorce can be complex. Divorce Lawyer R. Badet is experienced in handling such cases, offering guidance at every step. Specializing in divorce, spousal support, child custody, and family law, he ensures a comprehensive approach to protect his clients’ rights.
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