Fault-Based Divorce in Pennsylvania

In Pennsylvania, divorces may be granted based on fault, with specific grounds recognized by law, including:

  1. Adultery
  2. Cruelty
  3. Voluntary Desertion
  4. Involuntary Desertion
  5. Bigamy
  6. Imprisonment
  7. Indignities
  8. Institutionalization

Grounds for Fault Divorce

  1. Adultery
    Voluntary sexual relations with someone other than a spouse constitute adultery, a fault ground requiring clear and convincing evidence, often through circumstantial means.
  2. Cruelty
    Physical or mental abuse of a spouse qualifies as a fault ground for divorce.
  3. Voluntary Desertion
    Leaving the marital home without a valid reason for at least one year is considered voluntary desertion.
  4. Involuntary Desertion
    Forcing a spouse to leave the marital home out of fear of harm constitutes involuntary desertion.
  5. Bigamy
    Entering a second marriage knowingly while still legally married is a ground for fault-based divorce.
  6. Imprisonment
    Incarceration for two or more years is another recognized fault ground.
  7. Indignities
    Persistent negative behavior making the marriage intolerable constitutes indignities. A single incident is insufficient; a pattern of such behavior must be established.
  8. Institutionalization
    If a spouse is confined to a mental health facility for at least 18 months before the divorce filing, with no likelihood of discharge in the subsequent 18 months, it is a fault ground.

Divorce Proceedings in Fault Cases

At trial, parties can agree to grant the divorce to one or both spouses. If contested, the court may:

  1. Award the divorce to the spouse less at fault.
  2. Grant the divorce to both spouses.
  3. Declare the marriage dissolved based on the grounds presented.

The court retains discretion and may evaluate alternative grounds for divorce if applicable.

Expert Legal Guidance

Divorce Lawyer R. Badet specializes in navigating the complexities of fault-based divorces. Whether addressing grounds such as adultery, cruelty, or desertion, R. Badet ensures your rights are safeguarded throughout the process. With vast experience in divorce, child support, spousal support, and custody cases, he provides clients with tailored solutions to achieve favorable outcomes.

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