In Pennsylvania, a divorce can be based on fault if one spouse can prove that the other committed actions that violate the marital contract. The recognized fault-based grounds include:
- Adultery:
Engaging in consensual sexual relations outside the marriage qualifies as adultery. This must be demonstrated through clear and convincing evidence, which can include circumstantial proof. - Cruelty:
Physical or mental abuse directed toward a spouse is considered cruelty and constitutes grounds for a fault divorce. - Voluntary Desertion:
If a spouse intentionally abandons the marital home for at least one year without a valid reason, it serves as grounds for divorce under voluntary desertion. - Involuntary Desertion:
This occurs when one spouse forces the other to leave the marital home, creating an environment of fear or threat of harm that prevents the return. - Bigamy:
Entering into a new marriage while still legally married to another person is a clear fault ground for divorce. - Imprisonment:
Being incarcerated for two or more years qualifies as grounds for a fault-based divorce. - Indignities:
A pattern of degrading or disrespectful behavior that renders the marriage intolerable can be used as grounds for divorce. Note that a single incident is not sufficient; a consistent pattern is required. Historically, this was a common ground before no-fault divorces became prevalent. - Institutionalization:
If one spouse has been confined in a mental health facility for at least 18 months prior to filing for divorce, with no reasonable prospect of release within 18 months following the filing, it constitutes grounds for a fault divorce.
During trial, the parties may agree (stipulate) to grant the divorce even if fault is alleged. In contested cases, the court has the discretion to:
- Award the divorce to the party deemed less at fault,
- Grant the divorce to both parties, or
- Simply declare the parties divorced.
The court may also consider alternative grounds if they have been pleaded.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a seasoned professional who assists clients throughout every stage of the divorce process. His practice spans both simple and complex divorce cases, including those involving spousal support, child support, and child custody disputes. With extensive experience and a deep understanding of family law, he is committed to securing the best possible outcome for your situation. To learn more about your legal rights and options, please visit www.lawyersfordivorces.net or call for a free consultation.
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