What are the Grounds for Divorce in my State?

Ending a marriage is not easy. A divorce can be a difficult experience, even if both parties agree to it. When there is some disagreement, a divorce can be highly contentious.

The whole process can seem overwhelming. First, you need to meet the residency requirements. Either you or your spouse must have lived in Pennsylvania for at least six months before filing for divorce.

Once you meet that requirement, you must have grounds for divorce. Most couples file for no-fault divorce, but you can file for fault divorce as well. Here is a look at the grounds for divorce in more detail.

What the Law Says

Under Consolidated Statutes, Title 23, Chapter 33, a Pennsylvania couple can ask for a divorce for reasons based on fault or no fault. Basically, there are three categories of divorce: mutual consent, un-consented, and fault-based.

Fault-based divorces do apply in Pennsylvania, but they are hard to get and require proof. You can get one if all three elements apply:

• One spouse refuses to agree to a divorce.
• The couple has not been separated for one year.
• The spouse seeking the divorce doesn’t want to wait one year.

The legal grounds for a fault-based divorce are:

• Desertion for at least one year.
• Bigamy.
• Adultery.
• A jail sentence of at least two years for the conviction of any crime.
• Cruel treatment.

A fault-based divorce may also be granted if one spouse has been in a mental institution for a serious mental problem for at least 18 months before the other spouse files for divorce and will likely remain in the institution for at least 18 months after that time.

If a fault-based divorce does not apply, then the couple may opt for a mutual consent divorce. For this type of divorce, the couple only has to say that the marriage is irretrievably broken. If both spouses want a divorce and agree that the marriage cannot be saved, they can file a complaint. There is a 90-day waiting period. After that, the couple can ask the court for a divorce.

If fault does not apply and one spouse does not want a divorce, then the spouse who wants a divorce can file for an uncontested divorce. However, two elements apply:

• The couple has been living separate and apart for at least one year (the couple can still live in the same home for this to apply, as long as they are living separate lives and have very little to do with each other).
• It can be proven that the marriage is irretrievably broken.

This means it can take a year for the court to grant the divorce.

Contact Us Today

Divorce can be difficult and emotional. There is a lot to know, and it can be overwhelming. You may wonder how to even get the divorce process started.

The Law Office of Angela Flouras Rieck can help you approach your divorce with an eye toward a brighter future. To schedule a consultation, contact us via (717) 869-6375 or online here.