What are the grounds for divorce in Pennsylvania?
Pennsylvania has “fault” and “no-fault” divorces. Fault grounds include charges of adultery, desertion, indignities, and other marital wrongs. If you want to proceed under a fault theory, one party has to prove that the other party is at fault for the breakdown of the marriage. A fault divorce requires hearings which increases the time and cost of a divorce. There are two kinds of no-fault divorces in Pennsylvania. In the first type of divorce, the parties have to be separated for at least ninety (90) days after the filing of the complaint and both parties must consent to the divorce. If one party does not consent to the divorce, the other party must be separated for at least two years before he or she can request that the divorce be finalized.
In PA, you have the option of filing for a no-fault divorce or a fault-based divorce by proving one of the following grounds (reasons): Fault-based grounds for divorce The judge may grant a divorce if your spouse has done one of the following: • Abandonment without a reasonable cause: your spouse has left the home, without a reasonable cause, for a period of one or more years. • Adultery: your spouse has “cheated” on you. • Cruel and barbarous treatment: your spouse has treated you in a way that put your life or health at risk (such as acts of domestic violence). • Bigamy: your spouse married you without divorcing his/her first spouse. • Imprisonment: your spouse was sentenced to go to jail for two or more years for having committed a crime. • Your spouse has acted in a way that made your life unbearable or extremely difficult.* No-fault grounds for divorce By claiming the following reasons for divorce, you are claiming that the divorce is NOT your spouse’s fault: • Institutionalizatio