What Are Grounds for Divorce in Pennsylvania?

At Colgan & Associates, LLC, our divorce lawyers in Pennsylvania have helped hundreds of people file for divorce. One of the first questions we’re often asked is “What are the legal grounds for divorce,” or “Is adultery grounds for divorce?”

Pennsylvania is a No Fault Divorce state. That means that a married couple can obtain a divorce through mediation resolutions or divorce lawyers if either: (a) they’ve been separated for two years, they represent to the court that their marriage is irretrievably broken and there are no economic claims that have to be resolved by the court; or (b) 90 days has passed since the filing and service of the divorce complaint, the parties consent to the divorce and there are no economic claims that have to be resolved by the court.

Pennsylvania still recognizes the concept of fault divorce. 23 Pa. C.S. §3301(a) provides that a divorce can be granted if one of the parties has:

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

For more information on this topic or any other topic related to issues of divorce, custody, support or family law in general, please contact us to arrange a time to talk.