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Over two million American adults face the prospect of a divorce each year. Out of this number, around 10% to 15% of people will experience extreme emotional distress.

For many people, divorce is one of the most stressful experiences they will ever go through. Understanding the grounds for divorce is just one step in the process. From taking the first step in filing for divorce in PA to finalizing your divorce, the Clause Law Group is here to help you through the entire process.

What Are the Grounds for Divorce in Pennsylvania? 

The first step in understanding PA divorce laws is learning what constitutes the different grounds for divorce. Then, you have to decide which option makes the most sense for your situation. While no-fault divorce is more common, there are circumstances where a fault-based approach may be appropriate.

No-Fault Divorce

Most of the time, couples decide to go with a no-fault divorce. With this option, the spouses don’t have to prove who was at fault. Under 23 Pa.C.S. § 3301(c), the judge can grant a divorce if you and your soon-to-be-former spouse both agree that the marriage is irretrievably broken. 

Once you turn in a consenting affidavit, there is a 90-day waiting period before the divorce can be finalized. If everything goes according to plan, you’ll be single again in short order.

Within your consenting affidavit, you’ll either file for a mutual consent or irretrievable breakdown. Mutual consent is for times when both parties agree to a no-fault divorce. In comparison, irretrievable breakdown is for unilateral no-fault divorces. If you have lived apart from your spouse for a full year, you can still file for a no-fault divorce under 23 Pa.C.S. § 3301(d).

Fault-Based Divorce

Although less common today, a fault-based divorce may be appropriate in certain circumstances, particularly when issues of spousal support or property division are contested. There are a few legal grounds for a fault-based divorce.

• Adultery: If a spouse commits adultery, the other spouse can use that as grounds for getting a divorce.
• Bigamy: Bigamy refers to when one spouse was already married to a third party at the time they entered into a second marriage. 
• Cruel and Barbarous Treatment: This includes physical or emotional abuse that endangers the life or health of the innocent spouse.
• Desertion: If one spouse has deserted the other without cause for a period of a year or more, it’s considered desertion and is grounds for divorce.
• Imprisonment: When one spouse has been imprisoned for at least two years, the other can use that as grounds for divorce in Pennsylvania.
• Indignities: This term covers things like disrespect, verbal abuse, ongoing humiliation, and similar types of mistreatment.
• Institutionalization: While it is quite uncommon, it is possible to file for divorce because of institutionalization under 23 Pa.C.S. § 3301(a)(6). If a spouse is institutionalized for at least 18 months and is unlikely to be released for another 18 months or more, a divorce can be granted.

How Do You Know Which Grounds for Divorce Are the Right Choice? 

Choosing the right grounds for divorce in Pennsylvania depends on your personal situation, goals, and the level of cooperation between you and your spouse. As a general rule, you’ll want to opt for a no-fault divorce before moving on to alternative grounds. A no-fault divorce is straightforward and relatively quick, which reduces the stress and cost of your proceedings. 

You can only do a no-fault divorce if you’re both willing to cooperate and work together. This process is faster and less confrontational, but it’s only an option if your spouse is willing to work with you on this. The only exception is in the case of a unilateral no-fault divorce. To go this route, you’d have to live apart for at least a year. 

Fault divorces often take longer and cost more. However, there are cases where this may be your only option. By reaching out to one of the skilled attorneys at the Clause Law Group, you can get help determining which option works best for your needs.

Get Help Navigating Your Divorce Proceedings

If you’re dealing with a complicated divorce, you’re not alone. At the Clause Law Group, we’ve handled all kinds of divorce proceedings and family law cases. We’re committed to helping you achieve the best resolution for your case.