Grounds for Divorce and What They Mean for You

In Pennsylvania, a divorce may proceed only if it is based on legally recognized “grounds.” The grounds selected by the parties are important, as they provide the statutory basis for the legal dissolution of the marital relationship and shape the process that ultimately leads to the final decree.

Pennsylvania courts recognize both fault-based grounds and no-fault grounds for divorce. It is up to the parties to decide which option makes the most sense for their unique circumstances. After the court is satisfied that the chosen basis for grounds is supported, it can address the claims that were raised in the parties’ pleadings and subsequently dissolve the marriage.

Fault-Based Divorce:

The Divorce Code lists the type of conduct that supports a fault-based divorce. Examples of these behaviors include: adultery, desertion, bigamy, indignities, imprisonment for at least two years, and cruel and barbarous treatment. In fault-based cases such as these, the burden is on the innocent spouse to prove the other party’s wrongdoing.

No-Fault Divorce:

For a no-fault divorce, proof of misconduct is not required. Instead, the parties can opt to proceed by mutual consent, irretrievable breakdown, or institutionalization.

For mutual consent, the court is asked to grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the commencement of the action. It also requires the parties to file affidavits evidencing that they consent to the divorce. This option is often selected in cases where the parties agree to the terms of the divorce.

A party may also individually seek grounds under irretrievable breakdown by stating in their complaint that the marriage is broken beyond repair and providing the court with an affidavit alleging that the couple has lived separate and apart for at least a year. For this basis to be successful, the other party cannot deny the allegations, or there will have to be a hearing on the claims.

Finally, for institutionalization, the court may find there are grounds for divorce if a spouse has been confined to a mental institution for at least 18 months immediately prior to the filing, and there is no reasonable prospect of discharge in the 18 months subsequent to the commencement of the action.

Conclusion:

Choosing the proper basis for grounds is important because it establishes the legal foundation for the dissolution of the marriage. For example, filing for a fault-based divorce places the burden on the innocent spouse and often requires an extra hearing that is not necessary for a no-fault divorce. A fault-based or contested divorce typically also requires more extensive court involvement, thus driving up costs and taking more time to work through the legal system. For these reasons, many parties often opt to proceed with the no-fault option despite qualifying for fault-based grounds.

Establishing grounds for divorce is a step that will shape the pace and direction of your case. Whether you are thinking of pursuing a no-fault divorce based on mutual consent or irretrievable differences, or moving forward under fault-based grounds, understanding the legal requirements helps you make informed decisions from the start. If you are not sure which option is best for you, please contact a member of our team to see if we can help you take the next step with confidence.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.