Divorce Laws for Obtaining a Divorce in Pennsylvania

There are some cases where a man and a woman are married for many years before either of them files for a divorce and then there are times where the couple is married for only a few short times before the marriage is dissolved. In order to file the divorce papers, there has to be merit for the divorce. Here are some facts on divorce law that will help you to understand divorce.

 

No Fault Divorce Grounds

 

When a no fault divorce occurs, there is a mutual consent where both parties conclude that there was no exact one person who caused the marriage to end. The court is going to be able to grant the divorce on the fact that the marriage is beyond repair and both parties are seeking out of the marriage. There will have to be a period of 90 days prior to the date of marriage. Each of the parties involved in the divorce have to file an affidavit that alleges that both people want to end the marriage without fault.

 

An Irretrievable Breakdown

 

The court is going to be able to grant the divorce to a couple where the couple has been living two separate lives for a period of time, 2 years to be exact and the complaint has to be filed by both parties wherein both has to agree that the marriage is beyond repair.

 

Fault Grounds for a Divorce

 

·         You have to prove that one of the people in the marriage intentionally committed a malicious desertion or was absent from the marriage and caused distress on the innocent spouse. There has to be no cause for the desertion and the period of one or more years has to be supplied.

·         Adultery is one ground for divorce where fault has been proven.

·         Cruel behavior is another ground for divorce with fault whereas the one party involved caused harm to the other through a form of inhuman treatment

·         If one party entered into the marriage where he/she was already married is also a fault ground for divorce.

·         If someone has been sent to jail following the conviction of a crime for a period of more than 2 years, the other party is able to file for the grounds of divorce with fault.

 

There can be grounds for mediation and counseling prior to the divorce being approved.

 

The court has the right to make each party attend at least an orientation class session where mediation is explained and where the mediator explains how the process can be beneficial to parties involved in the divorce. The court is set to make certain rules and regulations to be followed while in the mediation process.

 

You will need to gather all the documents and burden of proof that you have and go visit your local court. It is best for you to take and make copies for your own records as well as for the attorney records to hold onto in order to allow for the burden of proof to be fulfilled.