No one gets married expecting to get divorced, but sometimes couples need to separate for the best.
In Pennsylvania, there are certain grounds for divorce that must be met in order to legally end a marriage. It is important to understand these grounds and the legal implications before filing for divorce.
Adultery
Adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse.
While some people are able to forgive and move on after a partner has cheated, others find divorce the only option.
- Impact on property division: adultery can affect how assets are divided in a divorce. If it can be proven that marital funds were used to finance a business, it can affect how much each spouse will receive in the division of property.
- Impact on alimony: Adultery can also have legal ramifications when it comes to spousal payments. The court may decide to award less alimony or no alimony at all if one partner is proven to be adulterous.
- Emotional stress: proving adultery can be emotionally difficult for both parties, which can lead to additional stress throughout the process of divorce.
Establishing marital infidelity as a basis for divorce in Pennsylvania may pose difficulties, yet it holds significant legal consequences in certain areas, including property division and the determination of spousal support payments. For more information, visit https://paonlinedivorce.com/grounds-for-divorce-in-pa/.
The abandonment of one spouse
Yes, your partner will not always be available to meet your needs, but they should still be committed to your marriage in a way that shouldn’t lead to abandonment.
Abandonment is a ground for divorce in Pennsylvania and will require more evidence than just one partner leaving the marital home.
The court may consider factors such as abandonment of important responsibilities, repeated absence from the home without communication or explanation, and lack of support financially or emotionally over an extended period of time when making a decision about divorce due to abandonment.
- Impact on property division: if one spouse leaves the family, it can affect how assets are divided during the divorce.
- Impact on alimony: as with adultery, leaving can also affect spousal support payments. The court may award less alimony to the abandoned spouse or none at all, and it depends on the specific circumstances.
- Child custody issues: when one parent leaves their family, it can have serious legal implications for child custody arrangements.
It is critical to work with an experienced attorney who can help you navigate this complex process and ensure that your rights are protected during a divorce based on your partner leaving the family.
Abuse
No one deserves to be abused, especially by the one person who vowed to cherish and protect them.
Abuse is cruel and can have lasting effects on the victim.
Victims of abuse may be afraid to leave their abuser, or they may not know how to protect themselves and their children from further harm, so divorce is a way to ensure that.
- Impact on property division: if abuse can be proven, it can affect the division of assets in a divorce. The court may take into account any damage caused by the abusive spouse when dividing property and debts.
- Impact on alimony: Abuse can also affect alimony payments. If domestic violence leads to the breakup of the marriage, alimony may be lower, or the court will cancel alimony payments.
- Child custody issues: when there is evidence of domestic violence or abuse in a marriage, it can have serious legal implications for child custody arrangements.
It is important to note that proving abuse as a ground for divorce in Pennsylvania can be challenging, as it requires a strong case. Therefore, you should be sure to consult with an experienced attorney who will guide you through the process and help protect your rights throughout the case.
Bigamy
Bigamy occurs when two individuals are married to each other, but one of them is also legally married to someone else.
If you can prove that your spouse was already married to someone else at the time of your marriage, then you may be able to file for divorce on the basis of bigamy.
- Impact on property division: if one spouse commits bigamy, it can affect how assets are divided in a divorce.
- Impact on alimony: bigamy can also affect spousal support payments. The court may award less alimony to the offending spouse or none at all if it is discovered that he or she was legally married when the other marriage took place.
- Criminal charges: in addition to the civil consequences of bigamy, criminal charges may also be involved.
It is important to note that proving bigamy as grounds for divorce in Pennsylvania can be complicated, so be sure to consult with an experienced attorney to guide you through the process and help protect your rights throughout the case.
Incarceration
- Impact on property division: incarceration can affect the division of property in a divorce. When dividing property and debts, the court may take into consideration the length of incarceration, the cause, and any financial impact.
- Impact on alimony: incarceration can also affect alimony payments. If one spouse is incarcerated, they may receive less alimony or no alimony at all if their incarceration is long enough to be considered grounds for divorce in Pennsylvania.
- Child custody issues: when one parent is incarcerated, it can have serious legal implications for child custody arrangements.
It is important to note that a prison sentence must be ongoing at the time of filing in order to be considered grounds for divorce in Pennsylvania. In addition, keep in mind that there are many other factors that may affect your case. Therefore, consulting an experienced attorney who specializes in family law is essential to understanding your options and effectively navigating this complex process.
Humiliations
- Property division: demeanors can affect the division of assets in a divorce. The court may take into account any damages caused by the abuser when dividing property and debts.
- Alimony: humiliations can also affect alimony payments. If one spouse’s behavior has made it unbearable for the other partner to continue living with them, this is taken into account when calculating alimony.
- Emotional stress: proving humiliation is emotionally difficult, which can lead to additional stress throughout the divorce process.
The grounds for divorce must be proof of severe and ongoing psychological abuse that makes the marriage unbearable. This is why it is important to work with a professional who can help you through this difficult process and ensure that your rights are protected during the divorce.
Irrevocable Divorce
- No need to prove fault: one of the major advantages of using “irretrievable breakdown of marriage” as a basis for divorce in Pennsylvania is that neither spouse is required to prove fault.
- Simplified process: because there is no need for proof, filing on the basis of an irretrievable breakdown of marriage can be a simpler and less contentious process.
- Counseling requirement: before filing, one or both spouses must receive counseling within 30 days. If both parties agree that their marriage is irretrievably broken, they may file by common agreement. Otherwise, one spouse must wait at least 90 days from the date of filing to proceed with a contested divorce.
Make sure to follow all legal requirements before proceeding with your case.