Pennsylvania law recognizes several fault-based grounds for divorce, outlined below:
- Adultery
Engaging in sexual relations with someone other than your spouse constitutes adultery. Clear and convincing proof—possibly via circumstantial evidence—is required to establish this ground. - Cruelty
Physical or emotional abuse by one spouse toward the other can be a basis for a fault divorce. - Voluntary Desertion
Leaving the marital home for a continuous period of at least one year—without a valid reason—allows the other spouse to claim fault-based divorce. - Involuntary Desertion
Forcing your spouse to leave the home due to fear of harm also qualifies as a fault ground. - Bigamy
Knowingly entering a new marriage while still legally married to someone else is considered bigamy and can be grounds for divorce. - Imprisonment
A spouse who is incarcerated for two years or more may have divorce sought against them on this fault basis. - Indignities
Repeated negative actions that make married life intolerable can qualify as indignities. A single incident is typically insufficient—there must be a demonstrable pattern. Before the introduction of no-fault divorces, this was one of the most common grounds. - Institutionalization
If one spouse is hospitalized for mental illness for at least 18 months before the divorce filing and is unlikely to be discharged within 18 months following the filing, the other spouse may seek a divorce under this ground.
Possible Outcomes at Trial
Even if one or both spouses plead these fault-based grounds, they can stipulate at trial to grant the divorce to one or both parties, allowing the process to move forward. If the trial is contested, the court has discretion to:
- Grant a divorce to the spouse who is less at fault.
- Grant a divorce to both spouses.
- Declare the parties divorced altogether.
If other grounds (including no-fault) are also claimed, the court may choose among them when issuing a final decision.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet assists clients at all stages of the divorce process, from straightforward filings to more complicated matters involving spousal support, child support, and custody. He uses his extensive family law and litigation experience to help secure the best possible outcomes. For more information, visit www.lawyersfordivorces.net or call for a free consultation.
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