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Pennsylvania Divorce Attorney Serving Berks County and Montgomery County.
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Berks and Montgomery County PA Divorce Lawyer
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Pennsylvania Divorce
In Pennsylvania, grounds for divorce are broken down into Fault and No-Fault categories. In either situation, if your spouse consents to the divorce, the process takes less time and is usually easier. |
Grounds For Divorce in Pennsylvania
Fault
Fault divorces can be granted in situations where you or your spouse are guilty of severe misconduct including desertion, adultery, cruel and barbarous treatment, one spouse being sentenced to prison time for two (2) or more years and other such harmful behavior that made the other spouse’s condition intolerable. Fault divorces can also be granted in Pennsylvania if one spouse is committed to a mental institution for at least eighteen (18) months prior to the other spouse filing for divorce and there is not a likelihood of discharge for at least 18 more months.
Fault divorces require a finding by the court of such poor behavior as to justify a divorce or that the spouse is indeed committed to an institution for an extended period of time. This process, especially if it includes showing the horrible mistreatment of one spouse by another, can be emotionally draining for both parties. As a result, fault divorces are rarely filed. Instead, most people chose to file a no-fault divorce.
No-Fault
No-Fault Grounds can be granted in two situations: (1) where the parties mutually consent to the divorce or (2) where the court finds there has been an irretrievable breakdown of the marriage after a twenty-four (24) month separation
1. Mutual Consent: Where 90 days have passed since the date when the divorce action was commenced and the defendant served, and both parties consent to the divorce, the court will have grounds to dissolve the marriage. However, if other claims are pending, such as equitable distribution, those issues must be resolved first.
2. Irretrievable Breakdown: In order to qualify for a divorce under irretrievable breakdown, you must have lived separately from your spouse for at least two (2) years and the marriage must be irretrievably broken.
Please tell me more about Fault Grounds for Divorce in Pennsylvania
There are pros and cons in seeking a fault divorce, which you can discuss with me. A divorce might be granted to a spouse on fault grounds where the court finds that the other spouse has done one or more of the following things:
Please call me at 610-451-6823 if you wish to discuss your situation and options. The initial consultation is free. You may also send an email to drew@muirlawoffice.com or fill out the form below.
Fault
Fault divorces can be granted in situations where you or your spouse are guilty of severe misconduct including desertion, adultery, cruel and barbarous treatment, one spouse being sentenced to prison time for two (2) or more years and other such harmful behavior that made the other spouse’s condition intolerable. Fault divorces can also be granted in Pennsylvania if one spouse is committed to a mental institution for at least eighteen (18) months prior to the other spouse filing for divorce and there is not a likelihood of discharge for at least 18 more months.
Fault divorces require a finding by the court of such poor behavior as to justify a divorce or that the spouse is indeed committed to an institution for an extended period of time. This process, especially if it includes showing the horrible mistreatment of one spouse by another, can be emotionally draining for both parties. As a result, fault divorces are rarely filed. Instead, most people chose to file a no-fault divorce.
No-Fault
No-Fault Grounds can be granted in two situations: (1) where the parties mutually consent to the divorce or (2) where the court finds there has been an irretrievable breakdown of the marriage after a twenty-four (24) month separation
1. Mutual Consent: Where 90 days have passed since the date when the divorce action was commenced and the defendant served, and both parties consent to the divorce, the court will have grounds to dissolve the marriage. However, if other claims are pending, such as equitable distribution, those issues must be resolved first.
2. Irretrievable Breakdown: In order to qualify for a divorce under irretrievable breakdown, you must have lived separately from your spouse for at least two (2) years and the marriage must be irretrievably broken.
Please tell me more about Fault Grounds for Divorce in Pennsylvania
There are pros and cons in seeking a fault divorce, which you can discuss with me. A divorce might be granted to a spouse on fault grounds where the court finds that the other spouse has done one or more of the following things:
- Committed adultery. If you believe that your spouse has committed adultery, you may want to decide if seeking a divorce for adultery is in your best interests. There are pros and cons to this approach.
- Committed willful and malicious desertion and absence from the other spouse without reasonable cause for a period of one or more years.
- Cruel and barbarous treatment (behavior), which endangered the life or health of the innocent and injured spouse.
- Knowingly entered into a bigamous marriage.
- Been sentenced to imprisonment for two or more years.
- Directed indignities to the innocent and injured spouse so much so that it rendered that spouse’s condition intolerable and life burdensome.
Please call me at 610-451-6823 if you wish to discuss your situation and options. The initial consultation is free. You may also send an email to drew@muirlawoffice.com or fill out the form below.