Attorney Jeremy Weinstock
Going through a divorce can be an emotional event. Navigating Pennsylvania’s divorce laws can be a confusing process. Those laws can be extremely complex and difficult to interpret.
Pennsylvania recognizes two grounds for divorce – fault and no-fault. The former requires that the failure of the marriage resulted from the action of one spouse. The latter is based upon the marriage being “irretrievably broken” without either party being guilty of any severe marital misconduct.
FAULT-BASED DIVORCES
A fault-based divorce requires that the plaintiff prove that he or she is the “innocent and injured spouse” and that the other spouse is guilty of one of the following forms of marital misconduct:
CRUEL AND BARBAROUS TREATMENT
Where the defendant has endangered the life or health of the filing spouse, an innocent spouse may seek a divorce based upon “cruel and barbarous treatment”. A divorce based on these grounds may be supported by a single, isolated incident provided that the incident is of sufficient severity.
ADULTERY
Pennsylvania defines adultery as “voluntary sexual intercourse with a person besides your spouse.” Several defenses may be raised in response to a claim of adultery. Those defenses include, among others, recrimination and insanity.
BIGAMY
An innocent and injured spouse may file for a divorce on the grounds of bigamy.
This consists of the defendant knowingly entered a bigamous marriage while a former marriage continued. In addition, bigamy may give rise to an annulment of a marriage.
CONVICTION OF A CRIME
Upon a conviction of a crime where the defendant was sentenced to imprisonment for at least two years, a divorce may be sought.
DESERTION
A divorce may be granted when the defendant has willfully and maliciously deserted his or her spouse and remained absent, without cause, for more than one year.
INDIGNITIES
Treating one’s spouse so poorly as to render that spouse’s condition intolerable and life burdensome may result in a divorce being granted. Examples of indignities include verbal or emotional abuse, public shaming, mistreatment, neglect, intentional incivility, manifest disdain, and even severe debt. A divorce based upon indignities requires a continuing course of conduct by the defendant.
Mental illness can also provide grounds for a divorce. Insanity or serious mental illness must have resulted in the confinement of the defendant in an institution for 18 months prior to the filing of the complaint.
Fault grounds are increasingly rare and don’t have as much of an impact as in the past.
Advantages of a Fault-Based Divorce
Some of the benefits of a fault-based divorce include:
- Allows marriage to be ended more quickly than no-fault waiting periods would allow
- Can be more conducive to spousal support
* May preclude spouse from causing delays by contesting
NO-FAULT DIVORCES
Since the introduction of the no-fault divorce law in Pennsylvania, the vast majority of divorces proceed as no-fault divorces.
The relevant issue in no-fault divorce is whether the marriage is “irretrievably broken.” The Pennsylvania Divorce Code defines an irretrievable breakdown as “estrangement due to marital difficulties with no reasonable prospect of reconciliation.”
Advantages of a No-Fault Divorce
Some of the benefits of a no-fault divorce include:
- The entire procedure is simplified
- It is less costly because litigation is avoided
- It is more amicable for both parties
Attorney Jeremy Weinstock draws upon his vast experience to develop a legal strategy based on the specific circumstances of the client’s divorce case. For more information, call the Comitz Law Firm, LLC at (570) 829-1111 or email info@comitzlaw.com.