Pennsylvania recognizes several fault-based grounds for divorce. These involve situations where one spouse engages in specific conduct that allows the other spouse to file a fault-based divorce claim. The grounds include:
- Adultery
- Occurs when a spouse willingly engages in sexual relations with someone other than their marital partner. Adultery must be established through clear and convincing evidence, which may include circumstantial proof.
- Cruelty
- Involves physical or psychological abuse directed at a spouse. Evidence of serious or repeated harm can serve as grounds for fault-based divorce.
- Voluntary Desertion
- Applies if one spouse leaves the marital home without justification and remains gone for at least one year.
- Involuntary Desertion
- Occurs when one spouse is effectively pushed out of the marital home due to fear or threat of harm, leaving them no realistic choice but to remain away.
- Bigamy
- Arises if a spouse knowingly enters into a second marriage before legally terminating the first.
- Imprisonment
- Becomes grounds if a spouse has been incarcerated for two or more years.
- Indignities
- Refers to ongoing negative treatment or hostility that renders the marriage intolerable. A single incident is generally not enough; a pattern of disrespectful or contemptuous behavior must be shown. Previously, this was one of the most common reasons for filing a fault divorce before the introduction of no-fault grounds.
- Institutionalization
- Applies if a spouse has been confined to a mental health institution for 18 months before the divorce filing, with little likelihood of release in the subsequent 18 months.
Court Actions and Stipulations
During a fault-based divorce trial, the spouses may agree (stipulate) that the divorce should be granted to one or both of them. If a trial becomes contested, the court has discretion to:
- Grant the divorce to the spouse judged less at fault,
- Grant the divorce to both parties, or
- Declare the spouses legally divorced.
If there are additional grounds for divorce beyond fault, the court may consider those as well when making its decision.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience guiding clients through all aspects of the divorce process, including both straightforward and complex cases. His practice handles spousal support, child support, child custody, and more. Equipped with deep knowledge of divorce law, he strives to achieve favorable outcomes for his clients. To learn more, visit www.lawyersfordivorces.net or call for a free consultation. He is a well-respected attorney with many years of experience, adept at advocating in both Family Law and Criminal Law matters.
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