Divorcing spouses are not required to allege a fault ground to obtain a divorce. No-fault divorces are not only available in Pennsylvania, but they are the option most divorcing spouses choose. However, it is possible to allege a fault ground, such as adultery, abandonment, bigamy, or imprisonment of two or more years, and to obtain a fault-based divorce in Pennsylvania. Our divorce lawyers help clients understand the difference between fault and no-fault divorce and determine the best approach for their case.
When Does a Fault-Based Divorce Make Sense?
In most cases, choosing to obtain a fault-based divorce does not make sense because pursuing a fault-based divorce means proving the fault ground in court proceedings. This means, for example, that a spouse seeking a divorce due to adultery will need to provide evidence of the adultery to the court. Even if it’s possible to prove that the adultery occurred, this can be a time-consuming, emotional, and expensive process. Furthermore, even if the fault ground is proven, it will likely not affect the distribution of the marital estate between the parties.
Benefits and Considerations of Fault-Based Divorce
However, there are some benefits to fault divorces. There is no waiting period for a fault divorce, whereas there is a waiting period of at least 90 days and up to 1 year for a no-fault divorce. When a fault ground has been proven, it is also a factor (though not the only one) that the court will consider in awarding spousal support, alimony pendente lite, or alimony.
Speak With a Pennsylvania Divorce Lawyer
If you have questions about filing for divorce in Pennsylvania, call 717-731-8114 or contact us online to schedule a consultation with one of our attorneys.