In Pennsylvania, certain conditions apply to divorce cases according to the divorce grounds selected by the petitioners. The grounds dictate the need for specific evidence to substantiate the claim against the defendant. A family law firm in Lancaster County, PA informs petitioners on the grounds available to them.
Using No-Fault Divorce Grounds
- Mutual Consent Grounds: An irretrievable breakdown of the marriage offers a divorce through mutual consent. Both parties agree to an uncontested divorce and fulfill all obligations of the divorce agreement. The judge finalizes the divorce after the 90-day waiting period.
- Severe Mental Conditions or Mental Incapacity: The ground requires evidence of confinement in a mental institution for at least eighteen months. The doctor diagnosed the spouse with a condition that is more likely permanent. Mental incapacity isn’t available if the spouse could recover in less than eighteen months after the divorce.
- Two-Year Separation: A divorce petitioner testifies that they have lived apart from their spouse for no less than two years. There isn’t a chance of reconciliation. Couples who are legally separated use the ground for their divorce case.
Clear Definition of Fault-Based Grounds
- Adultery: Adultery or infidelity revolves around the choice to enter into an extramarital affair. The court requires explicit images, evidence of romantic exchanges between the spouse and the alleged individual or audio and/or video footage.
- Domestic Violence or Spousal Abuse: Domestic violence or spousal abuse encompasses physical or sexual assault by the defendant. The petitioner needs copies of arrest records, medical evidence of their injuries and/or images, and records of any convictions.
- Incarceration: Incarceration as a divorce ground requires a two-year sentence. The petitioner files immediately following sentencing. The court may waive certain fees if the petitioner or their child was the victim of the crime identified in the criminal case.
In Pennsylvania, no-fault divorces provide faster options for achieving a finalization if both parties agree. However, cases involving extraordinary circumstances require fault-based grounds to offer protection for victims. Petitioners who need explanations from a family law firm in Lancaster County, PA can contact the Law Office of Melissa R. Montgomery and schedule an appointment today.
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