Pennsylvania law recognizes several fault-based grounds for divorce, including:
- Adultery – Voluntary sexual relations with someone other than one’s spouse. Proof requires clear and convincing evidence, which may be based on circumstantial facts.
- Cruelty – Physical or mental abuse inflicted on a spouse.
- Voluntary Desertion – Leaving the marital home for one year or more without justification.
- Involuntary Desertion – Forcing one’s spouse to leave the marital home under threat of harm if they were to return.
- Bigamy – Entering into another marriage while still legally married.
- Imprisonment – Serving a prison sentence of two years or longer.
- Indignities – Ongoing negative behavior that renders married life intolerable; a single instance is insufficient, and a pattern of such conduct must be shown. Historically, this was a very common ground before no-fault divorces became available.
- Institutionalization – Confinement for mental illness for at least 18 months prior to the divorce filing, with no reasonable likelihood of release within the following 18 months.
Trial and Stipulations
If the divorce goes to trial, both parties may agree (stipulate) to have the divorce granted. In a contested matter, the court may:
- Grant a divorce to the spouse who is less at fault,
- Grant a divorce to both spouses, or
- Declare the marriage ended without specifying who is at fault.
The court also has the flexibility to consider alternative legal grounds if they have been presented.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet provides thorough assistance at every step of the divorce process—covering uncomplicated divorces as well as those involving spousal support, child support, and custody disputes. Drawing on broad knowledge and substantial experience in both Family Law and Criminal Law litigation, he works to secure the best outcomes for his clients. To learn more, visit www.lawyersfordivorces.net or call for a free consultation.
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