What Are the Grounds for Divorce in Pennsylvania?
The State of Pennsylvania offers divorces that are both no-fault and fault-based. While the vast majority of divorces in the state and throughout the nation are no-fault, which means the marriage is irretrievably broken, there are situations in which pursuing a divorce based on your spouse’s wrongdoing makes sense and can be advantageous. If you’re considering a fault-based divorce, the path forward is legally challenging, and it’s time to consult with an experienced Harrisburg, PA, divorce attorney.
Pursuing a Fault-Based Divorce
To begin, it’s important to establish that pursuing a fault-based divorce is a more challenging process that could be more time-consuming and more costly – as well as more contentious – than a no-fault divorce. The bottom line is that you will need to prove your spouse’s fault, and doing so can be difficult.
Additionally, your case will be headed to court, which most couples would prefer to avoid for a variety of reasons. If, however, you have endured your spouse’s mistreatment to the degree that you want the fact established, a fault-based divorce can carry considerable emotional relief.
Divorce Grounds
There are a range of fault-based grounds for divorce in Pennsylvania.
Adultery
Adultery refers to having a voluntary sexual relationship with someone other than one’s spouse while married, and it falls upon the spouse seeking a fault-based divorce to prove the other’s sexual infidelity. The kind of evidence that often comes into play tends to include examples like the following:
- Communications between your spouse and the other person, such as texts, emails, or voicemails
- The testimony of eyewitnesses
- Records or receipts from dinners out or rented hotel rooms
- Photos, videos, and posts from social media that depict the two together in a romantic capacity
- The expert testimony of a forensic accountant or private investigator who can link your spouse’s spending or activities to the other person
While the matter of your spouse’s adultery is unlikely to affect the terms of child custody, child support, or property division – unless they spent down marital assets on their paramour – it can strengthen your case for alimony.
Desertion
If your spouse voluntarily left you without justification or your consent and they’ve refused to return to the family home for a period of at least six months, you can seek a divorce based on desertion. The court will take the financial implications of your spouse’s desertion into consideration regarding your divorce terms.
Cruel and Barbarous Treatment
If your spouse engaged in cruel treatment toward you that jeopardized your physical or emotional health or that otherwise endangered you, it supports a divorce that’s based on cruel and barbarous treatment.
Additional grounds for divorce include bigamy, imprisonment of at least 18 months prior to filing, and serious indignities. No one should have to suffer as a result of their spouse’s wrongdoing, and a compassionate divorce attorney can help.
Turn to an Experienced Harrisburg Divorce Attorney for the Skilled Representation You Need
The savvy Harrisburg divorce attorneys at Purdy Law Office recognize the constructive role that a fault-based divorce can play in some situations, and we have the necessary legal insight and skill to help make that happen for you. Learn more by contacting us online or calling 717-820-9053 today.