When considering a divorce in Pennsylvania, you have a decision to make between a no-fault and a fault-based divorce. While the majority of divorces in the state are no-fault, fault-based divorces are still an option.
Understanding whether pursuing a fault-based divorce is worth it depends on the specific circumstances of your marriage.
What is a fault-based divorce?
A fault-based divorce requires proving that one spouse’s misconduct led to the breakdown of the marriage. Grounds for fault in Pennsylvania include adultery, cruelty, desertion, bigamy, imprisonment and indignities. The spouse seeking the divorce must present evidence to support these claims, which can make the process more contentious and lengthy.
What are the advantages of a fault-based divorce?
One potential advantage of a fault-based divorce is the impact it might have on financial outcomes. In some cases, the court might consider fault when determining alimony or the division of marital assets. For example, if one spouse’s adultery led to the breakdown of the marriage, the court might award a more favorable financial settlement to the other spouse. However, Pennsylvania courts do not always factor in fault when dividing property, so the outcome can vary.
Is there a drawback to pursuing a fault-based divorce?
It is worth considering the emotional toll of a fault-based divorce. Proving fault often involves airing personal issues in court, which can increase conflict and prolong the divorce process. The emotional stress of gathering evidence and enduring a potentially public trial can be significant, especially if you have children to consider.
Should I choose a no-fault divorce instead?
In many cases, pursuing a no-fault divorce is quicker, less costly and less emotionally draining. Couples can choose a no-fault divorce based on mutual consent or irretrievable breakdown after a separation period. This approach often allows for a more amicable resolution, focusing on the future rather than past grievances.
While fault-based divorce is certainly a viable option in Pennsylvania, it is worth carefully weighing the potential benefits. The type of divorce you choose should match your emotional and financial goals.
