Divorce is a complicated legal process that takes months to complete. The spouse who decides to file for divorce must petition the courts to begin the divorce process. They propose specific terms, serve their spouse with official notice and then prepare for negotiations or litigation.
The person filing for divorce generally needs to show that the situation meets the necessary legal standard to qualify for divorce. Pennsylvania has multiple legal grounds for divorce. Unlike some states that only offer one type of divorce, Pennsylvania recognizes both no-fault and fault-based divorce proceedings. What grounds do the family courts recognize in Pennsylvania?
No-fault divorces
Many couples pursue no-fault divorces. No-fault divorces are often quicker and less contentious than fault-based divorces. Instead of blaming one another, spouses focus primarily on resolving their disagreements regarding property division and parenting matters.
They can divorce through mutual consent, often after settling on final terms for an uncontested divorce. Either spouse can petition for a no-fault divorce on the grounds of the marriage undergoing an irretrievable breakdown. A separation lasting for at least a year can also provide the basis for a no-fault divorce.
Fault-based divorces
People may pursue fault-based divorces because they want the courts to consider misconduct when addressing certain matters during the divorce. Other times, a need for personal vindication or deeply-held religious beliefs might motivate people to pursue fault-based divorces.
Pennsylvania recognizes multiple fault-based grounds for divorce. Those seeking divorce on fault-based grounds generally need proof of qualifying circumstances. Adultery is a common fault-based reason people file for divorce.
Abuse, also referred to as cruel treatment, can lead to a fault-based divorce. If either spouse was already married, a divorce based on grounds of bigamy is possible. If one spouse goes to prison for two or more years, that can also be reason to pursue a fault-based divorce.
Finally, the courts can grant a fault-based divorce when one spouse abandons the other or leaves the marital home for 12 months or longer without a reasonable justification. Spouses pursuing fault-based divorces could face pushback about the allegations they make. They may need to prepare for a more contentious and costly overall divorce process.
Many people eventually choose no-fault divorce proceedings even if their circumstances might justify a fault-based divorce. Discussing priorities and concerns with a family law attorney may help people choose the best way to approach an upcoming divorce.