Call Now (610) 460-0135
Call Now (610) 460-0135
If you are considering pursuing a divorce in Pennsylvania, one of the first legal issues you will need to address are the grounds upon which you are seeking a divorce. Pennsylvania law provides multiple pathways to obtaining a divorce, and understanding which applies to your situation can significantly affect your timeline, your legal strategy, and your outcome.
Pursuant to Pennsylvania Code, 23 Pa. C.S. § 3301, Pennsylvania recognizes both no-fault and fault-based grounds for divorce. You do not need to prove wrongdoing to obtain a divorce in Pennsylvania, but fault grounds remain available and can be strategically relevant in some cases.
Most divorces in Pennsylvania are filed on no-fault grounds. There are two primary no-fault pathways:
Mutual consent divorce is the most common and typically the fastest route when both spouses agree that the marriage is irretrievably broken. To proceed under this ground:
Note that the 90-day waiting period is a minimum, not a guaranteed timeline for getting divorced. If marital property or other economic issues remain unresolved, the divorce may not be granted until those matters are finalized. Even if there are economic issues that remain unresolved, if all procedural steps have been satisfied, you may still apply for and receive an order approving grounds for divorce.
If one spouse does not consent to the divorce, the other may still proceed after the parties have been separated for at least one year. Pennsylvania amended its Divorce Code in 2016, reducing the separation requirement from two years to one year.
To use this ground:
“Separate and apart” does not always mean living in different homes. Pennsylvania courts have recognized that economic necessity may require spouses to continue sharing a residence while still living separately. This is a fact-specific determination, and documentation matters.
Note that under Pennsylvania law, parties may be considered living “separate and apart” even if they physically reside in the same home. See, Thomas v. Thomas, 335 Pa.Super. 41, 483 A.2d 945 (1984). In such a situation it may be possible to have the grounds for divorce approved less than one year from filing the divorce complaint even if the other spouse is not co-operating in the process. The court will conduct a very fact specific analysis in such situations. The experienced attorneys at Greenberg Legal Group LLC can guide you in this process and help determine if you may be eligible to claim this relief.
Pennsylvania also recognizes six fault-based grounds under Section 3301(a). Fault grounds require the filing spouse to prove the other party’s misconduct. Proving fault can affect alimony determinations, though it does not directly impact equitable distribution of property under Pennsylvania law.
The six fault grounds are:
A spouse may file on grounds of desertion if the other spouse willfully and maliciously deserted the marriage for one year or more. The desertion must be without reasonable cause and without the consent of the filing spouse.
Adultery remains a recognized ground for divorce in Pennsylvania. The filing spouse must prove that the other engaged in voluntary sexual intercourse with someone other than their spouse during the marriage. Proof may include circumstantial evidence, though direct evidence is stronger.
Adultery can be particularly relevant in alimony disputes. Under Pennsylvania law, a spouse who committed adultery may be barred from receiving alimony if the adultery was the cause of the divorce.
This ground covers physical or mental cruelty that endangers the health or life of the innocent spouse and makes continued cohabitation unreasonable. A single act of serious physical violence may be sufficient, or a pattern of abuse may establish this ground over time.
If one spouse was already lawfully married at the time of the marriage at issue, the innocent spouse may seek divorce on grounds of bigamy. The existence of a prior valid marriage, undissolved at the time of the subsequent marriage, is the key element.
A spouse convicted of a crime and sentenced to imprisonment for two or more years provides the other spouse with grounds for divorce. The conviction and sentence must occur after the marriage.
Indignities is arguably the broadest fault ground in Pennsylvania law. It encompasses conduct that renders the innocent party’s condition intolerable and life burdensome. Courts have found indignities where there is a course of conduct including humiliation, degradation, neglect, or abuse. Unlike cruelty, indignities typically requires a pattern of behavior rather than a single incident.
For most clients, the practical answer is: it depends on your goals.
If speed and efficiency are your priorities and your spouse will cooperate, mutual consent divorce under Section 3301(c) is almost always the recommended path. The 90-day waiting period is relatively short, and the expense of contested litigation can be avoided.
If your spouse refuses to cooperate, separation-based divorce under Section 3301(d) allows you to proceed without their consent after one year apart.
Fault grounds may be worth pursuing when:
An attorney can help you evaluate which ground best positions you given the specific facts of your marriage and your objectives in the divorce.
To file for divorce in Pennsylvania, at least one spouse must have been a resident of the Commonwealth for at least six months before the filing. Pennsylvania courts have jurisdiction to address the divorce itself; however, issues such as property division and support may require separate jurisdictional analysis if significant assets or parties are located elsewhere.
Whether you are just beginning to consider divorce or are ready to file, the decisions you make early in the process can shape the entire trajectory of your case. Our Pennsylvania family law attorneys guide clients through every stage of the divorce process, from evaluating grounds and filing strategy to negotiating property settlements and litigating contested matters in court.
We serve clients in Montgomery County, Bucks County, Chester County, and throughout the Philadelphia region from our King of Prussia office.
