Southeastern PA attorney explains acceptable grounds for divorce

Securing legal representation for a divorce proceeding is important to be sure that legal rights are preserved. While an individual is allowed to be their own legal representative in the State of Pennsylvania, if one were to forget some detail in division of property, for instance, they would lose all legal rights to it. To initiate divorce proceedings, papers must be filed in the proper jurisdiction and state the grounds for the divorce.

Pennsylvania offers no-fault divorce for two reasons. The first is known as a mutual consent divorce. This is when both parties agree that the marriage cannot be saved, or is “irretrievably broken.” The divorce will be granted 90 days after the papers were filed for divorce and both parties have filed a personal affidavit in agreement and the parties have resolved the division of their assets and support issues. Irretrievable breakdown is the second type of no-fault divorce. This filing requires that the parties have lived separately for at least two years, and that the marriage is “irretrievably broken.” The defendant in this case may not desire a divorce, but does not deny what has been filed in divorce papers. Sometimes the defendant may deny some allegations in the filing. In this second instance, a court-ordered hearing will be held with both parties. The judge will listen to both sides but determines that they have lived separate for the two-year period, and the marriage is indeed not able to be salvaged. The divorce is considered non-contested when the parties are able to come to an agreement regarding division of property, child support, alimony payments, and any other issues. If a decision cannot be reached, the judge will decide how the issues are resolved.

Another category of divorce available in Pennsylvania is Fault Divorce. This type of divorce requires that the plaintiff prove that they have done nothing to cause the divorce, but that the defendant has. This form may be filed in cases in which the defendant is guilty of adultery, endangering the life of or abusing the plaintiff, abandoning the plaintiff for a year or more, or being imprisoned for two years or more. This form gets very complicated and costly due to the requirements for testimonies, hearings, and the ability to prove innocence and guilt. This is the reason that most divorces in Pennsylvania are handled under the no-fault rule.

Less common grounds in which a divorce may be granted is if a plaintiff files for divorce after 18 months the defendant has been hospitalized in a mental facility and is expected to be there for at least another 18 months.

Residents of Southeastern PA are wise to seek counsel for their divorce and choose legal representation by an experienced divorce attorney. With the Law Offices of Jack A. Rounick, you can be assured of professional legal counsel to determine the appropriate grounds for divorce filing, as well as protect your interests each step along the way.

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