In Pennsylvania, fault-based divorces are grounded on specific actions or behaviors by one spouse that justify the dissolution of the marriage. These grounds require clear and convincing evidence to support the claims.
Fault-Based Grounds for Divorce
- Adultery:
Engaging in voluntary sexual activity with someone other than your spouse is grounds for divorce. This can be proven with clear and convincing evidence, including circumstantial proof. - Cruelty:
Physical or mental abuse inflicted on a spouse qualifies as a fault-based reason for divorce. - Voluntary Desertion:
Leaving the marital home for a continuous period of one year or more without just cause is considered voluntary desertion. - Involuntary Desertion:
Forcing a spouse to leave the marital home due to fear of harm constitutes involuntary desertion. - Bigamy:
Entering into a new marriage while still legally married to another person is grounds for divorce. - Imprisonment:
Being incarcerated for two or more years allows the other spouse to file for a fault-based divorce. - Indignities:
Persistent negative behavior that makes the marriage intolerable qualifies as indignities. A single incident is insufficient; there must be a pattern of conduct. Historically, this was the most common ground for divorce before no-fault laws were enacted. - Institutionalization:
If a spouse is institutionalized for mental illness for at least 18 months prior to filing for divorce and is not expected to be discharged within the next 18 months, this is grounds for a fault-based divorce.
Trial and Court Decisions
During a contested trial, the court has several options:
- Grant the divorce to the party less at fault.
- Grant the divorce to both parties.
- Declare the parties divorced without assigning fault.
Alternatively, if both parties agree, they can stipulate to proceed with the divorce without contesting fault.
About Divorce Lawyer R. Badet
R. Badet is an experienced divorce attorney specializing in fault-based and no-fault divorces, spousal support, child custody, and property division. He provides dedicated support to clients throughout the divorce process, ensuring they achieve the best possible outcomes.
Visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation. With years of expertise in family law, R. Badet serves clients in Philadelphia and surrounding counties.
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