October 25, 2012
/24-7PressRelease/ -- Married people residing in Pennsylvania who wish to separate and divorce must qualify under special circumstances. Pennsylvania law outlines the situations that allow people to qualify as residents, obtain a fault-based divorce or be granted a no-fault divorce.
No-Fault Divorce in Pennsylvania
No-fault divorce is when someone files for divorce and specifies that it is not the fault of either spouse. Pennsylvania residents have the option of filing for no-fault divorce in several circumstances:
-Institutionalism: The court may grant no-fault divorce when the spouse has been declared insane or suffers from serious mental disorder; the spouse must be institutionalized at least 18 months prior to the commencement of the divorce action.
-Mutual Consent: Both spouses must attest that the marriage is irretrievably broken; each spouse also must file an affidavit stating that they consent to the divorce in a mutual consent, which can usually be done without a court hearing.
-Irretrievable Breakdown: When the marriage cannot be repaired and has required the couple to live apart for two years, or the other spouse must not deny that the marriage is irretrievably broken. A judge may hold a hearing if one spouse declares that the marriage is not irretrievably broken and will take the matter under consideration for 90-120 days if there is a reasonable possibility that the marriage can be repaired. The judge may require the couple to undergo counseling during this time.
Fault-Based Divorce for Pennsylvania Residents
A judge may grant a fault-based divorce when the evidence shows that one or both spouses have done any of the following:
-Adultery
-Abandonment without reasonable cause for over one year
-Cruel and barbarous treatment including domestic violence in which the spouse has put health and life at risk through maltreatment
-Bigamy (married to more than one spouse)
-Imprisonment for more than two years
-Spouse made life unbearable or extremely difficult
Each Pennsylvania divorce is different, so if you are thinking about getting a divorce, contact an experienced Pennsylvania divorce lawyer for more information specific to your unique circumstances.
Article provided by Montgomery & Zimmerer LLC
Visit us at http://www.mzlegal.com
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