Fault Divorce in Pennsylvania:

The Fault-Based Grounds for divorces in Pennsylvania include: (1) adultery; (2) cruelty; (3) voluntary desertion; (4) involuntary desertion; (5) bigamy; (6) imprisonment; (7) indignities; and (8) institutionalization.

  • (1)Adultery:  if you engaged in voluntary sex with a non-spouse, then that is a fault-based ground for a divorce.  Adultery must be shown by clear and convincing evidence, which may include circumstantial evidence.
  •  (2)Cruelty: if you engaged in physical or mental abuse of your spouse, then that is a fault-based ground for a divorce.
  •  (3)Voluntary Desertion: if you voluntarily leave your marital home for one year without cause, then that is a fault-based ground for a divorce.
  • (4)Involuntary Desertion: if you forced your spouse out of the marital home and caused that spouse fear of harm upon return, then that is a fault-based ground for a divorce.
  • (5)Bigamy: if you knowingly entered into a subsequent marriage while you are still legally married to someone else, then that is a fault-based ground for a divorce.
  • (6)Imprisonment: if youare being incarcerated for two or more years, then that is a fault-based ground for a divorce.
  • (7)Indignities:  if you are exhibiting negative behavior against your spouse such that the marriage becomes intolerable, then that is a fault based ground for a divorce.  A single incident of indignity is not going to be sufficient. There must be a pattern of activities to establish indignities.  Note that indignity was the most common ground for divorce before no-fault grounds were introduced, and
  • (8) Institutionalization: if a spouse is being hospitalized for mental illness for at least 18 months prior to the divorce filing, with no reasonable prospect of being discharged within the 18 months following the filing, then that is a fault based ground for a divorce.

At trial, the parties can stipulate that the divorce be granted to one or both of them, (i.e., even when these kinds of grounds are pled, the parties can just simply stipulate to allow the divorced to happen). And, if there is a contested trial, the court has the discretion to do the followings: (1) Award a divorce to the party less at fault; (2) Award a divorce to both parties, or (3) Declare the parties to be divorced.  If other alternative grounds are pleaded, then the court can choose.

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