In Pennsylvania, divorces are filed due to fault or no-fault circumstances. Petitioners who want to start a motion identifying the divorce grounds first. The grounds define any further requirements such as evidence to support the claim. A divorce law firm in Lebanon County, PA, provides clarification for the available divorce grounds used in the state.
No-Fault Divorce Grounds
- Irretrievable Breakdown: The ground is used when one spouse claims that it isn’t possible to reconcile or continue the marriage. Mutual consent also falls under the category.
- Mental Incapacity: Insanity, progressive mental illnesses and conditions that require hospitalization fall under the category. The petitioner needs evidence of the condition or records showing admission into a hospital or facility for two years.
Fault-Based Divorce Grounds
- Infidelity: Adultery claims require evidence of an extramarital affair. The court needs photographs or video to support the claim. Text messages and emails are used if the documents show the spouse admitting to infidelity. A military spouse requires explicit evidence showing that their spouse had sexual relations with the other party.
- Incarceration: Any prison sentence that lasts at least two years enables a spouse to use the grounds. Court documents showing the sentence is adequate to support the claim.
- Spousal Abuse: Any form of abuse or cruelty falls under the category. Domestic violence is often involved in the cases. The petitioner needs arrest records to support their allegations against their spouse. However, the petitioner cannot continue to live in the same home as their spouse when using the grounds. It indicates that the petitioner condones their spouse’s behavior.
- Intolerable Conditions: Intolerable conditions often include circumstances in which the defendant continues to demand acts that make the petitioner uncomfortable. The conditions could include sexual acts or a lifestyle that isn’t acceptable to the petitioner.
- Desertion: The defendant must abandon the petitioner for at least one year. Cases in which the petitioner isn’t aware of their spouse’s whereabouts allow the use of the divorce grounds.
In Pennsylvania, divorces are filed according to specific conditions that exist within the marriage. The conditions reflect fault and no-fault divorce grounds. Petitioners who want to start a divorce motion and need the help of a divorce law firm in Lebanon County, PA should contact the Law Office of Melissa R. Montgomery right now.
