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Pennsylvania Divorce With Fault: Understanding the Different Types In Pennsylvania, divorce can be obtained with both fault and no-fault grounds. This article aims to provide a detailed description of what Pennsylvania divorce with fault entails, including different types of fault-based grounds recognized under state law. When a spouse believes that the breakdown of their marriage is primarily due to the actions or behavior of the other spouse, they can pursue a divorce with fault grounds. These fault grounds allow the filing spouse to allege misconduct as the reason for the end of their marriage. 1. Adultery: One of the most common grounds for divorce with fault in Pennsylvania is adultery. This involves engaging in sexual relations with someone outside the marriage. Adultery can significantly impact the emotional well-being and trust within a marriage, making it a valid reason to seek divorce with fault. 2. Desertion: Desertion refers to a situation where one spouse abandons the marital home and refuses to return for a period of at least one year without any reasonable cause. This ground recognizes the harmful impact of a spouse leaving without justifiable reasons, leaving the other spouse feeling abandoned and alone. 3. Cruelty: Cruelty involves inflicting physical or emotional harm on a spouse that renders their life burdensome or intolerable. Acts of physical violence, constant verbal abuse, or extreme emotional manipulation can all be considered as grounds for divorce with fault based on cruelty. 4. Imprisonment: If a spouse is sentenced to imprisonment for at least two years after the marriage, the other spouse may seek a divorce with fault. This ground recognizes the significant impact that incarceration can have on a marital relationship, leading to irreconcilable differences and the need to dissolve the marriage. 5. Institutionalization: If a spouse is confined to a mental health institution for at least 18 months with no prospect of discharge, this can be considered as a valid ground for divorce with fault in Pennsylvania. This recognizes the difficulties and challenges faced by the non-institutionalized spouse due to their partner's mental health condition. 6. Bigamy: Bigamy refers to the act of marrying someone while still legally married to another person. If a spouse discovers that their partner has committed bigamy, they can pursue a divorce with fault based on this ground. In Pennsylvania, it's essential to note that pursuing divorce with fault grounds is often more complex than opting for a no-fault divorce. It requires the filing spouse to provide proof and evidence of the alleged fault or misconduct, making the process more time-consuming and contentious. Before pursuing a divorce with fault, it is recommended to consult with an experienced family law attorney who can guide you through the legal requirements and help navigate the complexities of fault-based divorces in Pennsylvania.
