In Pennsylvania, a relatively basic way to get a divorce is to say it is irretrievably broken. With that, the parties must have lived separately for a minimum of one year and the defendant does not deny the claims in the filing or does deny one or more allegation in the filing, but the court finds that they have lived separately and the marriage cannot be salvaged. If the court believes there is a chance for reconciliation, it will delay until such an attempt is made before allowing the divorce. A mutual consent divorce is also based on irretrievable breakdown. There are other grounds for divorce that people can use to end a marriage. When thinking about options to move on from the union, it is important to know if they are applicable.
Fault-based grounds for divorce
People can also make a fault-based claim for divorce. For a spouse who is deemed “innocent and injured,” the other spouse may have committed one or more acts that lead to fault being accorded. If there was desertion and the offending spouse was absent without explanation or a viable reason for at least one year, then this is a fault-based. Adultery is an obvious reason for a fault-based divorce.
If there was treatment that is categorized as “cruel and barbarous” with the innocent spouse suffering injury or having his or her life endangered, it is a justification for divorce. A person who was imprisoned for two or more years after being convicted of a crime can be divorced because of it. Finally, if the innocent spouse suffered indignities and their condition became intolerable, then that is a fault-based reason for divorce. There can also be a divorce based on a person being institutionalized after being declared insane or is suffering from a severe mental issue that results in confinement in a mental facility for a minimum of 18 months with limited or no chance of being discharged in that time-frame.
For every part of a divorce, professional assistance may be useful
People frequently get caught up in the details of a divorce whether that includes child custody, child support, alimony and property division to the point where they forget about the basics as to why they are getting divorced in the first place. Some cases might be easier to handle if there is a fault-based reason given. Regardless of whether it is irretrievable breakdown or based on fault, having legal guidance can be essential throughout the process.
