Under the Pennsylvania Divorce Code there are two types of divorce:
Section 3301 (a) of the Divorce Code A divorce on the basis
of fault may be granted upon the establishment that the conduct of one of
the parties during the marriage falls into one of the six categories below
and that the person seeking the divorce is “innocent and injured.”
1.) Desertion - A divorce may be granted where there is “willful and malicious desertion,
and absence from the habitation of the innocent and injured spouse, without
reasonable cause, for a period of one or more years.”
2.) Adultery - Although direct proof of adultery is not required to establish grounds
for divorce, there must be proof by clear and convincing evidence of “opportunity
and inclination” to have extramarital relations prior to final separation.
3.) Cruel and
Barbarous Treatment - This requires a showing that the spouse
who is alleged to be at fault by “cruel and barbarous treatment, endangered
the life or health of the innocent and injured spouse.” The behavior
must be of a merciless and savage nature leading to conduct amounting to
actual personal violence that creates a reasonable apprehension of violence
making future cohabitation physically dangerous.
4.) Bigamy - A divorce may be granted where one spouse knowingly entered into the marriage
while a former marriage was still in existence and the spouse seeking divorce
was unaware that the marriage still existed.
5.) Incarceration - When one party is convicted of a crime and sentenced to a term of two
or more years imprisonment a divorce may be obtained.
6.) Indignities - Where a spouse offers such indignities to the innocent and injured spouse
as to make that person's “condition intolerable and life burdensome.”
Many sorts of conduct have been called indignities. For example, indignities
may include: vulgarity, abusive language, studied neglect, intentional incivility,
manifest disdain and malignant ridicule.
Sections 3301 (c) and (d) of the Divorce Code. Section 3301 (c) of the Divorce
Code permits a divorce by mutual consent of the parties where both parties
execute and file affidavits consenting to the entry of a divorce decree
after 90 days have elapsed from the date of filing AND the opposing
spouse received service of the divorce complaint that alleges irretrievable
breakdown of the marriage.
Irretrievable breakdown is defined as “estrangement due to marital
difficulties with no reasonable prospect of reconciliation.”
If one party does not consent to the divorce, a unilateral no-fault divorce
based on the separation of the parties can be obtained where there is irretrievable
breakdown and the parties have lived separate and apart for two years. This
is provided for in Section 3301 (d) of the Divorce Code. Parties can be
separated for purposes of this type of divorce even though they reside in
the same house. Separate and apart is defined in the Divorce Code as “complete
cessation of any and all cohabitation, whether living in the same residence
or not.”
In order to file for Divorce in the Commonwealth of Pennsylvania either
of the parties must have resided in the Commonwealth for more than six months
prior to filing a complaint for divorce.
The above information is meant to shed some light on the basics of divorce
in Pennsylvania. There are many more issues that you need to be concerned
with when contemplating divorce. Spousal support, child support, property
settlements and child custody are only a few. It is important to have a
consultation with an attorney so that your individual circumstances can
be addressed.
Family Legal Center, LLC
Alstan Mall 2526
Monroeville Blvd.
Monroeville, Pennsylvania 15146
Phone: 412.824.0100
Fax: 412.824.0700
Resolution of legal issues depends upon many factors, including variations of facts and interpretations of Pennsylvania law. This web site is not intended to provide legal advise on specific subjects, but rather to provide insight into legal developments and issues. The reader should always consult with legal counsel before taking action on matters covered by this web site.
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