Certain behaviors can form the basis of a fault-based divorce in Pennsylvania. The grounds recognized by law include:
- Adultery
- Engaging in voluntary sexual relations with someone other than your spouse.
- Must be proven by clear and convincing evidence, which can include circumstantial proof.
- Cruelty
- Involves physical or mental mistreatment of a spouse.
- Voluntary Desertion
- Occurs if one spouse willingly leaves the marital home for at least one year, without justification.
- Involuntary Desertion
- Arises if a spouse is forced out of the marital home due to fear of harm upon return.
- Bigamy
- Taking part in a subsequent marriage while still legally married to another person.
- Imprisonment
- Being incarcerated for two years or longer.
- Indignities
- Showing contempt or consistently negative behavior that makes the marriage intolerable.
- A single incident is insufficient; there must be an ongoing pattern of disrespect.
- Historically, this was a common ground before the introduction of no-fault divorce.
- Institutionalization
- Involves a spouse being hospitalized for a mental illness for at least 18 months prior to filing for divorce, with little likelihood of release in the next 18 months.
Court Actions and Stipulations
During trial, spouses can agree that one or both parties should be awarded a divorce. If there is a dispute, the court may:
- Grant the divorce to the less culpable spouse,
- Grant the divorce to both spouses, or
- Simply declare the parties divorced.
Where other grounds have also been claimed, the court chooses the most appropriate option.
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