fault vs no fault divorce in pa

Understanding the Differences Between Fault and No-Fault Divorce in Pennsylvania

When considering divorce in Pennsylvania, it’s essential to understand the distinctions between fault and no-fault divorce. The difference between fault and no-fault divorce is that with fault, one spouse is required to prove wrongdoing by the other spouse. In a no-fault state, no proof of fault is required. Since 1980, Pennsylvania has recognized no-fault divorce, making the process less adversarial and often more streamlined. More often than not, no matter the situation, divorce has long-lasting effects on family & friends. With that in mind, you want to choose an attorney who has experience handling these delicate situations.

No-Fault Divorce

In a no-fault divorce, neither spouse is required to prove wrongdoing by the other. Instead, the couple can cite an “irretrievable breakdown” of the marriage. This type of divorce can be categorized into two forms:

  1. Mutual Consent: Both parties agree that the marriage is irretrievably broken and consent to the divorce. This usually involves a 90-day waiting period after filing.
  2. Irretrievable Breakdown: If one spouse believes the marriage is irretrievably broken and the couple has been separated for at least one year, a no-fault divorce can proceed, even without mutual consent.

Fault Divorce

Fault divorce, on the other hand, requires one spouse to prove the other’s misconduct. Grounds for fault divorce in Pennsylvania include:

  • Adultery
  • Physical or mental abuse
  • Desertion for at least one year
  • Bigamy
  • Imprisonment for a significant period
  • Other actions that have rendered the other spouse’s life intolerable

Fault divorces can be more contentious and complicated, often requiring substantial evidence and lengthy legal battles.

If you are preparing to file for divorce in Pennsylvania, you must hire a divorce attorney who has experience with fault and no-fault divorces. Our team at Begley, Carlin & Mandio has been representing people in your position for years. We will prepare you for the divorce process and provide guidance and support for your new life ahead.

To speak with an experienced Pennsylvania divorce attorney, call (215) 750-0110 or fill out the contact form. We provide free consultations.

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