In Pennsylvania, a fault-based divorce requires one spouse to prove that the other engaged in specific misconduct that led to the breakdown of the marriage. The burden of proof is on the filing spouse, and the misconduct must be proven by clear and convincing evidence.
Grounds for Fault-Based Divorce
- Adultery
- Engaging in voluntary sexual relations with someone other than your spouse constitutes adultery.
- Evidence can be direct or circumstantial, such as witness testimony, financial records, or suspicious behavior.
- Cruelty
- Physical or emotional abuse that endangers the spouse’s safety or well-being.
- Includes domestic violence, mental torture, or repeated emotional mistreatment.
- Voluntary Desertion
- Leaving the marital home for at least one year without a valid reason.
- The departure must be intentional and without the consent of the other spouse.
- Involuntary Desertion
- Occurs when one spouse forces the other to leave the home, making it unsafe to return.
- Fear of harm must be established for this claim to be valid.
- Bigamy
- Marrying another person while still legally married.
- Knowingly entering into a second marriage without a legal divorce qualifies as a fault-based ground.
- Imprisonment
- If one spouse has been incarcerated for two or more years, the other spouse may file for a fault-based divorce.
- Indignities
- Persistent mistreatment that makes married life intolerable.
- Requires a pattern of behavior, not just a single incident.
- Previously one of the most common fault-based grounds before the introduction of no-fault divorce.
- Institutionalization
- If a spouse has been hospitalized for mental illness for at least 18 months before filing for divorce and there is no expectation of release within the next 18 months, the other spouse can seek a fault-based divorce.
How the Court Handles Fault-Based Divorces
- If both spouses agree, they may stipulate (formally agree) to the divorce without the need for a trial.
- In a contested trial, the court has the discretion to:
- Grant the divorce to the spouse who is less at fault.
- Grant a divorce to both parties.
- Declare both parties divorced without assigning fault.
If there are multiple grounds for divorce pleaded, the court has the authority to decide which basis is most appropriate for granting the divorce.
Experienced Divorce Lawyer for Fault-Based Divorces in Philadelphia
Attorney R. Badet is a highly experienced divorce and family law attorney, helping clients navigate the complexities of fault and no-fault divorces, child support, spousal support, and property division. Whether dealing with domestic disputes, high-conflict divorces, or contested fault claims, he provides aggressive legal representation to protect your rights.
For legal guidance, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation today.
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