In Pennsylvania, a fault-based divorce is available when one spouse’s actions provide sufficient grounds to end the marriage. The recognized fault-based grounds include:
- Adultery:
Engaging in voluntary sexual relations with someone other than your spouse qualifies as adultery. To prove this ground, the evidence must be clear and convincing, and circumstantial evidence is often accepted. - Cruelty:
This ground applies when one spouse subjects the other to physical or mental abuse. Such abusive behavior is considered sufficient cause for a fault divorce. - Voluntary Desertion:
If a spouse intentionally abandons the marital home for a continuous period of one year without any valid reason, this constitutes voluntary desertion and can be used as grounds for divorce. - Involuntary Desertion:
This occurs when one spouse forces the other to leave the marital home, instilling a fear of harm if they were to return. Such coercion is recognized as grounds for a fault divorce. - Bigamy:
Entering into a new marriage while still legally bound to another spouse is a clear fault-based ground for divorce. - Imprisonment:
A spouse’s incarceration for two or more years provides a valid basis for a fault divorce due to the prolonged absence and disruption of marital relations. - Indignities:
A consistent pattern of demeaning or disrespectful behavior that renders the marriage intolerable can be considered a ground for divorce. It is important to note that a single incident is generally insufficient; there must be ongoing conduct. Historically, indignities were a common basis for divorce before no-fault options became available. - Institutionalization:
If a spouse has been confined to a mental health facility for at least 18 months prior to the filing—and there is no reasonable prospect of discharge within the 18 months following the filing—this can serve as a fault-based ground for divorce.
At trial, the parties may agree (stipulate) that the divorce should be granted even if these fault-based grounds are cited. In cases that proceed to a contested trial, the court has the discretion to either grant the divorce to the less-at-fault party, award it to both parties, or simply declare the marriage dissolved, taking into account any alternative grounds that have been pleaded.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a highly experienced attorney dedicated to assisting clients throughout every stage of the divorce process. Whether dealing with straightforward or complex cases—including those involving spousal support, child support, and child custody—R. Badet leverages his extensive knowledge to secure the best possible outcome. He is well-regarded for his expertise in both Family Law and Criminal Law matters. To learn more about your legal rights and to explore your options, please visit www.lawyersfordivorces.net or call for a free consultation.
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