Grounds for Fault-Based Divorce in Pennsylvania

Pennsylvania law outlines specific fault-based reasons for seeking a divorce. These include the following:

  1. Adultery: Engaging in consensual extramarital sexual relations constitutes grounds for divorce. Clear and convincing evidence, including circumstantial proof, is required.
  2. Cruelty: Subjecting a spouse to physical or mental harm qualifies as a reason for divorce.
  3. Voluntary Desertion: Abandoning the marital home for a continuous period of one year without justification is considered a fault-based reason.
  4. Involuntary Desertion: Forcing a spouse to leave the marital residence due to fear of harm also serves as a valid basis.
  5. Bigamy: Entering into another marriage while still legally married is grounds for a fault-based divorce.
  6. Imprisonment: A spouse’s incarceration for two years or more can be cited as a reason for divorce.
  7. Indignities: Repeated negative behavior that makes the marital relationship intolerable can be a ground for divorce. A single incident is insufficient; a pattern of conduct must be demonstrated.
  8. Institutionalization: If a spouse is confined to a mental health institution for at least 18 months before filing, with no likelihood of release within 18 months afterward, this serves as a valid basis.

Court Decisions in Fault-Based Cases

When a trial occurs for a contested divorce, the court can make various determinations:

  • Grant the divorce to the party deemed less at fault.
  • Award the divorce to both parties.
  • Declare the parties divorced without assigning fault to one party.

Additionally, the court may act based on other grounds presented in the case.

Legal Assistance for Fault-Based Divorce

Attorney R. Badet is equipped to assist clients through fault-based divorce proceedings, ensuring rights are protected and outcomes are favorable.

  • Contact Information:
    • Phone: (267) 277-2641
    • Website: www.lawyersfordivorces.net
    • Services Offered: Comprehensive legal support, including flat-fee arrangements starting at $599.

Reach out for expert guidance to navigate the complexities of divorce proceedings effectively.