Fault Divorce

Grounds for divorce in Pennsylvania

In Pennsylvania the spouse filing for divorce must state a ground for divorce in the divorce complaint. The divorce complaint is the initial document filed in the courts by one party. Grounds for divorce in Pennsylvania can be either no-fault or Fault-based. Fault-based divorce in Pennsylvania is awarded to the “innocent and injured spouse.”

Some grounds for a Fault-based divorce in Pennsylvania include when a spouse has:

• willfully deserted the marriage for a period greater than 1 year
• committed adultery
• endangered the life or health of the other spouse
• entered into a bigamous marriage
• been sentenced to prison for two or more years
• offered such indignities to the innocent spouse as to render that spouse’s condition and intolerable and life burdensome
• been institutionalized for reasons of insanity

Even though one spouse may be at fault, they may have reasons or defenses to the behavior. Common defenses used in these situations are provocation, condonation and insanity. Most divorces in Pennsylvania are filed as no-fault because of the emotional battle that often arises with the filing of a Fault-based divorce. The grounds of a divorce have little to do with the distribution of property and alimony.

If you have questions about filing for a divorce in Allegheny County, Butler County, Beaver County, Westmoreland County, Lawrence County or the surrounding areas, whether a no-fault or fault divorce, please contact Attorney Mildred B. Sweeney to discuss your options. Attorney Sweeney has vast experience in the matters of equitable distribution, spousal support, alimony, child support, child custody and visitation.

Call us today at 724.390.4464 or 866.540.4180 Toll Free to set up a consultation. You will always speak and deal directly with Attorney Sweeney.