A petition for divorce may be filed under no-fault grounds or fault-based grounds.
No-fault divorce
Not all divorces in Pennsylvania are fault-based. For example, a couple can cite mutual consent as a ground for divorce if their marriage is irretrievably broken and 90 days have passed since the filing of the divorce action and each spouse consents to the divorce. A couple can also cite irretrievable breakdown as a ground for divorce if they have lived apart for at least one year and the defendant either does not deny the contents of the plaintiff’s divorce filing or the court rules that the marriage is irretrievably broken.
Because different types of grounds for divorce may have the potential for different kinds of legal repercussions, it may be important for a spouse to speak with a family law attorney before filing for divorce. The attorney can help the client gain a solid understanding of divorce law and procedure before determining what grounds would be best suited to settle the particular divorce issues. If fault-based grounds are used, a spouse may also wish to be represented by the attorney should the matter be contested.
Fault-based grounds for divorce
People can also make a fault-based claim for divorce. For a spouse who is deemed “innocent and injured,” the other spouse may have committed one or more acts that lead to fault being accorded. If there was desertion and the offending spouse was absent without explanation or a viable reason for at least one year, then this is a fault-based. Adultery is an obvious reason for a fault-based divorce.
If there was treatment that is categorized as “cruel and barbarous” with the innocent spouse suffering injury or having his or her life endangered, it is a justification for divorce. A person who was imprisoned for two or more years after being convicted of a crime can be divorced because of it. Finally, if the innocent spouse suffered indignities and their condition became intolerable, then that is a fault-based reason for divorce. There can also be a divorce based on a person being institutionalized after being declared insane or is suffering from a severe mental issue that results in confinement in a mental facility for a minimum of 18 months with limited or no chance of being discharged in that time-frame.
For every part of a divorce, professional assistance may be useful
People frequently get caught up in the details of a divorce whether that includes child custody, child support, alimony and property division to the point where they forget about the basics as to why they are getting divorced in the first place. Some cases might be easier to handle if there is a fault-based reason given. Regardless of whether it is irretrievable breakdown or based on fault, having legal guidance can be essential throughout the process.
