In Pennsylvania, fault-based divorces can be pursued on specific grounds:
- Adultery: Engaging in consensual sexual activity with someone other than your spouse is grounds for divorce. Clear and convincing evidence, including circumstantial proof, is required.
- Cruelty: Physical or emotional abuse inflicted on a spouse can be cited as a reason for divorce.
- Voluntary Desertion: Leaving the marital home willingly for at least one year without a valid reason constitutes desertion.
- Involuntary Desertion: Forcing a spouse to leave the marital home due to fear of harm is considered a fault-based reason for divorce.
- Bigamy: Entering another marriage while still legally married to someone else is grounds for a fault divorce.
- Imprisonment: If a spouse is incarcerated for two years or more, the other party can file for divorce on this basis.
- Indignities: A pattern of disrespectful or demeaning behavior that makes the marriage intolerable is grounds for divorce. Isolated incidents are insufficient; a repeated pattern must be demonstrated.
- Institutionalization: A spouse being confined to a mental health facility for at least 18 months before filing, with no reasonable expectation of release within the following 18 months, is a valid reason for fault-based divorce.
Court’s Role in Fault Divorces
During fault-based divorce proceedings, the court may:
- Grant a divorce to the less at-fault party.
- Grant a divorce to both parties.
- Declare both parties divorced, considering alternative grounds if necessary.
Legal Support for Divorce
For individuals navigating the complexities of divorce, Divorce Lawyer R. Badet provides experienced legal representation, addressing issues like spousal support, child custody, and division of assets.
Contact Information:
- Website: www.lawyersfordivorces.net
- Phone: (267) 277-2641
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