What Are the Grounds for Divorce in Pennsylvania?

The Commonwealth follows relatively traditional divorce laws. Pennsylvania permits one party to petition for divorce on fault-based grounds, such as adultery, or both parties to mutually consent to the divorce. One party also has the option of obtaining a divorce on general no-fault grounds.

While Pennsylvania does not consider marital fault when equitably distributing assets, fault matters when it comes to timing, alimony, spousal support, and even child custody. Discuss the best option for dissolving your marriage with the experienced divorce lawyer at McDonald Meyers Law in Harrisburg, PA.

Pennsylvania Fault-Based Grounds for Divorce 

The Commonwealth’s domestic relations code (23 Pa. C.S. § 3307) permits one party (or both in the case of counter suits) to request a divorce due to the other party’s marital misconduct. The innocent party may file for a Harrisburg fault-based divorce on the following grounds:

• Abandonment (desertion) without cause for at least one year
• Adultery
• Life-threatening abuse and neglect (cruel and barbarous treatment)
• Bigamy
• Prison sentence of two or more years
• Indignity renders household conditions intolerable and burdensome

You can also file for divorce if your spouse is suffering from insanity or a severe mental health disorder resulting in long-term confinement. These cases are rare in the modern era. However, Pennsylvania still recognizes the right of spouses to end a marriage on institutionalization grounds without necessarily claiming the ill party is at fault.

No-Fault Divorce Options

Most Pennsylvania marriages are dissolved on no-fault grounds. These grounds for divorce, outlined in 23 Pa. C.S. § 3307(d), allow one or both parties to request a divorce without having to prove marital fault. Filing for a no-fault divorce often allows the parties to waive the initial hearing and work toward a quicker and more amicable divorce settlement. The Commonwealth permits the following no-fault divorces:

Mutual Consent

If both parties consent to a divorce alleging that the marriage has irretrievably broken down, the court may grant the divorce within 90 days. This is the quickest option for dissolving your marriage in Harrisburg. Victims of domestic violence might also obtain a quick divorce on mutual consent grounds without the other party’s consent. While abuse victims might qualify for a fault-based divorce, attorney Allissa McDonald Myers understands and considers her clients’ emotional needs and safety in each case.

Irretrievable Breakdown

If you’ve lived separate and apart from your spouse for at least one year, you may file for divorce on irretrievable breakdown grounds without the other party’s consent. The court may grant this type of no-fault divorce if the other party does not deny that you’ve lived separate and apart for that amount of time. If your spouse denies the allegations, the court must hold a hearing. Dauphin County family judges might also delay the divorce for at least 90 days, but not more than 120 days, and order marital counseling if the judge believes there’s a reasonable chance of reconciliation.

Your Trusted Harrisburg, PA Divorce Attorney

No one can force you to stay married, but you must still qualify for a divorce in Pennsylvania. Confidentially contact experienced Harrisburg divorce lawyer Allissa McDonald Myers at (717) 799-8546 or online to discuss your case.