Pennsylvania’s Grounds For Divorce

An estimated one million divorces occur every year in the United States. Reports show that women initiate 65 percent of these marital breakups. Divorce costs approximately $15,000, and roughly 115,000 women lose health insurance every year because of divorce. If you find yourself becoming a divorce statistic, turn to an experienced Camp Hill divorce law firm for help in understanding the various grounds of divorce in Pennsylvania.

No-fault grounds for divorce

According to Pennsylvania law, only a person who has lived in Pennsylvania for six months can file for divorce. To file for a no-fault divorce, the following three methods are available:

Mutual consent: In a scenario in which both husband and wife mutually agree that terminating the marriage is the best option, a court may grant a divorce if three elements are met:

  • The couple claims that the marriage is broken and cannot be repaired.
  • 90 days have passed since the couple filed for divorced.
  • Husband and wife file affidavits stating their agreement to the divorce.

Irretrievable Breakdown (without consent): When one spouse unilaterally seeks divorce, the court will grant divorce if all of the following elements are met:

  • A spouse filed a complaint for divorce, claiming that the marriage is broken and cannot be repaired.
  • A spouse filed an affidavit, declaring that the couple has lived separately for two years and that the marriage is irretrievably broken.
  • The defendant spouse does not deny the allegations in the affidavit, nor they do deny one or more allegations, but the court concludes that the marriage is broken and the parties have lived separately for two years.

Institutionalization: The court may grant a divorce because of insanity or mental disorder when a spouse has been in a mental institution for 18 months immediately before the filing of the divorce action, and evidence shows that the spouse will not likely be discharged during the 18 months after the divorce action was filed.

Fault grounds

A fault divorce occurs when one spouse files an action, claiming that the other spouse engaged in behavior which caused the divorce. After consulting a South Central PA divorce lawyer, evidence supporting the divorce claim must be proven in court. Fault-based grounds for divorce include:

  • Abandonment for one year
  • Adultery
  • Cruel and violent behavior that risks the health and safety of the other spouse
  • Bigamy
  • Conviction of a crime requiring imprisonment for two or more years
  • Humiliation caused by the other spouse that makes the marriage intolerable

Work with an attorney who has been serving husbands for more than 20 years

If you are approaching the break-up of your marriage, contact John F. King, Esq. Dedicated to father’s rights, The Guy’s Attorney will be on your side, whether your divorce is no-fault or fault-based. Call 717.412.0244 for more information.