In Pennsylvania, there are two types of divorce, fault-based and no-fault. In a no-fault divorce, you and your spouse agree on all key issues that are necessary to resolve in order to dissolve the marriage. In a fault-based divorce, you and your spouse cannot agree on one or more of the essential divorce terms. One such essential term that must be agreed upon is listing the “grounds for divorce.” This refers to the reason you are seeking a divorce.
What Are the Different Grounds for Divorce?
One of the most popular grounds for divorce is that the marriage is “irretrievably broken.” This is considered the “no fault” divorce option. It does not place the blame on either spouse, but it just means that you and your spouse agree that the marriage has been broken beyond repair and that you and your spouse have been living apart for one year. Other grounds for divorce may also include:
- Cruel and Inhuman Treatment: If the threat of physical, verbal, economic, or any kind of abuse reaches the point where it is doing physical or mental damage, this would be the cited grounds for divorce.
- Abandonment: If one spouse has left the home and has no intention of returning, or has forced you out of the home, this is considered abandonment. The abandonment must be continual and have started no less than a year prior to filing for divorce.
- Adultery: This is when one spouse has sex with someone else without the other spouse’s consent. This is difficult to cite as grounds for divorce as you must have evidence, other than your spouse’s admission, to prove the infidelity.
- Imprisonment: If your spouse has gone to jail for 2 or more years, this will be available to cite as your grounds for divorce.
Divorce Counsel You Can Count On
Divorce is difficult. The Law Office of Gary R. Swavely serves our clients during some of the toughest times of their lives. We are here to lean on throughout the divorce process, from beginning to in. Contact us today.