Divorce Law Attorney

Divorce-Lawyer-westmoreland county

Divorce Law in Pennsylvania can either be no-fault or fault based. Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months.

Divorce: Fault and No-Fault Divorce Law is the ending of a marriage ordered by a court., In Pennsylvania there are two types of divorce law: fault and no-fault. The fault grounds for divorce in Pennsylvania are:

1. Willful and malicious desertion and absence from the marital home, without a reasonable cause, for the period of one (1) or more years.

2. Adultery

3. Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable.

4. Knowingly entering a bigamous marriage while a former marriage is still existing.

5. Sentenced to imprisonment for a term of two (2) years upon conviction of having committed a crime.

6. Imposed such indignities on the innocent spouse as to render that spouse’s condition intolerable and life burdensome.

7.Insanity or serious mental disorder which has resulted in confinement in a mental institution for at least eighteen (18) months immediately before the filing of the complaint, and where there is no reasonably prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action. All fault divorces require court testimony and an appearance by the client. No-fault divorces do not require a court appearance.

No-Fault Divorces in Pennsylvania Mutual Consent – A mutual consent divorce will be granted where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of the commencement of an action and an affidavit has been filed by each of the parties evidencing that each party consents to the divorce. Irretrievable breakdown- If the parties have been living separate and apart for a period of at least two years and the marriage is irretrievably broken and the defendant has either: a) Does not deny the allegations as set forth in the affidavit. or b) Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two (2) years and that the marriage is irretrievably broken. You have a non-contested divorce when both parties reach an agreement on property issues, child , support, alimony, retirement, and any other issue.