In Pennsylvania one can get a divorce on four different grounds, fault, institutionalization, mutual consent and irretrievable breakdown. This entry will discuss the grounds for divorce under “fault.” Fault grounds have six sub categories each qualifying as a fault divorce.
A divorce can be granted on fault when the faulting spouse committed some sort of marital violation recognized by the court as harmful enough to the marriage to allow for a divorce. The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has either (1) committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years, (2) committed adultery, (3) by cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse (4) knowingly entered into a bigamous marriage while a former marriage is still subsisting, (5) been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime, or (6) offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome.
The first fault ground is established when the one spouse deserts the home without reasonable cause for at least one year. Of course the term “reasonable cause” is not specifically defined, but some commonsense can prevail here. If your spouse left the marital residence because you painted your kitchen bright yellow, this obviously is not reasonable cause to leave the home. If your spouse left the home because you threw all of their worldly possessions on the lawn and told him to leave, that would most likely be reasonable cause to leave and you would not be able to get a divorce on these grounds.
The second fault ground and probably the most common is when one spouse commits adultery. If you know that your spouse is cheating on you then you might be able to get a divorce on this ground. It is not enough, however, to just suspect or know that they are committing adultery. You have to have verifiable evidence of them committing adultery. An eyewitness or an even an admission by the spouse may be helpful. Ultimately you have to have more proof than just a sneaky suspicion.
The third fault ground is cruel and barbarous treatment that endangered the life or health of the spouse. Again proof is needed here. If the spouse is battering the other to the point of diminishing their health or risking their life then this ground will come into play. If the spouse locks the other in a closet for 2 years and feeds them dog food then this ground would come into play. This ground is self-explanatory; I doubt that you needed the examples.
The fourth ground is bigamy. If the other spouse married the other while knowing that they were legally married to another, this ground would be implicated. I am sure there are situations where the knowing part comes into play, but it is probably difficult to be married to another person without knowing it.
The fifth ground is self explanatory, prison. If your spouse gets sent to the slammer for 2 or more years than you can get a divorce under these grounds.
The final ground is another requiring ample proof and probably one of the most difficult to establish. This ground is akin to something along the lines of psychological torture. The spouse has to treat you so badly as to render your condition intolerable and life burdensome. Proving this may be difficult because it may come down to a he-said-she-said situation. Of course establishing these grounds would be easier if your side of the story can be collaborated with an eyewitness or perhaps with written letters containing such indignities.
This article was written by Philadelphia Personal Injury Lawyer Douglas Whalen, he maintains a current legal news review blog at www.legalnewsreview.com and a family law blog at Philadelphia Divorce Lawyer.
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