Pennsylvania law recognizes fault-based divorce, meaning that one spouse must prove misconduct by the other to be granted a divorce. The grounds for fault-based divorce include:
- Adultery
- Cruelty (Abuse)
- Voluntary Desertion
- Involuntary Desertion
- Bigamy
- Imprisonment
- Indignities
- Institutionalization
Grounds for Fault-Based Divorce
1. Adultery
Engaging in voluntary sexual relations with someone other than a spouse constitutes adultery, which is a fault-based ground for divorce.
- Burden of Proof: The accusing spouse must present clear and convincing evidence, which may include circumstantial proof such as hotel records, text messages, or witness testimony.
2. Cruelty (Physical or Mental Abuse)
A spouse may file for divorce on the grounds of physical or mental abuse that endangers their safety or well-being.
3. Voluntary Desertion
If one spouse leaves the marital home voluntarily and without cause for at least one year, the abandoned spouse may seek a fault-based divorce on the grounds of desertion.
4. Involuntary Desertion
If one spouse forces the other out of the home and causes them to fear returning due to threats or harm, it qualifies as involuntary desertion and serves as a fault-based ground for divorce.
5. Bigamy
If a person knowingly marries someone else while still legally married, it is considered bigamy, which is a valid reason for a fault-based divorce.
6. Imprisonment
If a spouse has been incarcerated for two or more years, the other spouse may seek a fault-based divorce based on imprisonment.
7. Indignities
Indignities refer to a pattern of cruel, degrading, or humiliating behavior that makes the marriage intolerable for the other spouse.
- Key Requirement: A single incident is not enough; a pattern of misconduct must be established.
- Common Examples: Constant insults, public humiliation, or extreme controlling behavior.
8. Institutionalization
A fault-based divorce may be granted if a spouse has been institutionalized for mental illness for at least 18 months before the divorce filing, with no expectation of release within 18 months after the filing.
Court Proceedings in a Fault-Based Divorce
- If both spouses agree to the divorce, they can stipulate (agree in writing) that it should be granted to one or both of them.
- If there is a dispute, the court has the discretion to:
- Grant the divorce to the party who is less at fault.
- Grant the divorce to both parties.
- Declare the marriage dissolved without assigning fault to either spouse.
If multiple grounds are claimed, the judge can choose which basis to use for granting the divorce.
Legal Representation for Fault-Based Divorce
Attorney R. Badet has extensive experience handling fault-based and no-fault divorces, ensuring clients receive strong legal advocacy and fair settlements. Whether you are filing for divorce or defending against fault-based claims, his legal expertise will help you achieve the best possible outcome.
📞 Call (267) 277-2641 for a free consultation!
🔗 Visit: www.lawyersfordivorces.net
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If you need assistance with a fault-based or no-fault divorce, securing experienced legal counsel is essential. Contact Attorney R. Badet today to discuss your case.