Grounds for Divorce:

In Pennsylvania, there are both “fault” and “no-fault” ground for divorce. Most commonly, people file for a no-fault divorce. Unsurprisingly, the most common “fault ground” upon which people file for divorce is marital infidelity. Included in this article is a general review of the Pennsylvania laws regarding the No Fault and Fault Grounds for divorce. If you are considering filing for Divorce, it is important that you speak to an attorney so that you learn about your rights and responsibilities upon separating from your spouse. If you are looking for a competent, helpful attorney who will help you navigate through the difficult process of your divorce, call the Law Office of Eric Trajtenberg to schedule a consultation. My office is in West Chester and I serve clients throughout Chester County.

No Fault Divorce:

Clients often ask: “how long will the divorce process take?” While the answer to this question is always dependent on the specific facts of the case, the law which establishes the no-fault grounds for divorce in Pennsylvania also establishes two general timelines which a divorce case can follow before a Divorce Decree will be issued by the Court. A “3301(c) Divorce,” or “Mutual Consent Divorce” is a no-fault divorce based on the Irreconcilable Differences of the parties. In a 3301(c) Divorce, the parties may request a divorce decree after a Divorce Complaint has been filed and the parties have waited the required 90 day “cooling off period.” After the 90 day cooling off period has expired, the parties can consent to the divorce by filing some necessary paperwork with the Court and asking for a Divorce Decree. If the parties consent to the divorce, and all the issues between the parties have been resolved, then the Court can issue a Divorce Decree. Alternatively, if the parties have been separated for 2 years, then either party can request a “3301(d) Divorce,” which is where the parties have not each “consented” to the divorce, but one party is requesting that the Court issue a Divorce Decree because the parties have been separated for 2 years and there is no chance of reconciliation.

Fault Divorce:

The six traditional Fault Grounds for divorce in Pennsylvania allow for a divorce decree to be issued when it is alleged and proven by the innocent spouse that the other has (1) committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years, (2) committed adultery, (3) by cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse (4) knowingly entered into a bigamous marriage while a former marriage is still subsisting, (5) been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime, or (6) offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. As stated above, it is uncommon to assert fault grounds as the basis of a divorce action, and the most commonly asserted fault ground is adultery.

If you are looking for a competent, knowledgeable lawyer to assist you with your divorce in Chester County, then please call the Law Office of Eric Trajtenberg to schedule a Free Initial Consultation. I have an office conveniently located in West Chester and will be happy to discuss your divorce matter with you.