What Is the Difference between Fault and No-Fault Divorce?

Pennsylvania is what’s known as a no-fault state when it comes to divorce. No-fault divorces are based on the marriage being irretrievably broken, which is very similar to the irreconcilable differences that you may be more familiar with. While most divorce cases throughout Pennsylvania and the nation are no-fault, the state does grant fault-based divorces. When this happens, some terms of divorce can be directly affected. Discuss your options in relation to divorce with an experienced Harrisburg divorce attorney at McDonald Myers Law today.

The Terms of Divorce

Regardless of whether you obtain a no-fault or fault-based divorce, you will need to resolve each of the following terms that apply to your case:

The equitable – or fair – division of marital property
Child custody arrangements
Child support
Spousal support, or alimony

No-Fault Divorce in Harrisburg

You do not need to prove that your spouse caused your marriage to fail to divorce in Pennsylvania. In fact, most couples don’t. Instead, you can seek a no-fault divorce based on the fact that you both agree your marriage is irretrievably broken or on the fact that one of you came to this conclusion on your own.

If you are both in agreement on the matter, yours will be a case of mutual consent. This means that your divorce can be resolved 90 days after you file the complaint with the court. Before your divorce can be finalized, however, you’ll need to negotiate each of the applicable terms.

One-Year Separation

If one of you wants a divorce but the other doesn’t, you can still pursue a no-fault divorce, but there is a one-year separation requirement. It’s important to note here that you and your spouse are not required to live in separate homes to fulfill this requirement.

The assumed date of separation in these cases is the earlier of either the date the divorce complaint was filed or the date the couple began living in separate homes. Under the right circumstances, however, an earlier date could apply.

Fault-Based Divorce in Harrisburg

While not common, fault-based divorce is a possibility in Pennsylvania. The grounds for a fault-based divorce in the state include the following:

Adultery
Desertion
Cruelty
Imprisonment for at least two years
Indignities that make life intolerable

To obtain a divorce that is based on fault, you must prove your spouse’s wrongdoing and that it directly caused your marriage to fail.

Proving your spouse’s fault can lead to improved spousal support terms and potentially to a more advantageous division of marital property, if their wrongdoing affected your marital estate. Only if the form of fault in question could jeopardize your children’s best interests will your child custody arrangements be affected.

An Experienced Harrisburg Divorce Lawyer Can Help

Allissa McDonald Myers is a formidable Harrisburg divorce attorney at McDonald Myers Law who is committed to helping you obtain the right divorce for you, given the unique circumstances that apply. Your divorce terms are important to your future, so please don’t delay reaching out by contacting us online or calling us at 717-799-8546 today.