Grounds for Divorce in Pennsylvania.
What are the grounds for filing for divorce in Pennsylvania? The grounds for filing for divorce in Pennsylvania are listed in § 3301 of the Pennsylvania Divorce Code, Chapter 31 of the Domestic Relations Act. These are five, and they are as follows • Guilt of the spouse • (b) Institutionalization.- • (c) Mutual consent to divorce. • (d) Unrecoverable damage to the marriage. What is a fault divorce in Pennsylvania It is when one of the spouses has deliberately breached some duty towards the other spouse. What are the requirements for filing for divorce on the grounds of fault in Pennsylvania (1) There is fault when one of the spouses has abandoned the other spouse for more than one year, without reasonable cause. (2) there is guilt when one of the spouses committed adultery. (3) Guilt exists when one of the spouses cruelly treated, endangered the life or health of the other spouse. (4) Guilt exists when one of the spouses knowingly contracted a bigamous marriage while a previous marriage subsisted. (5) Guilt exists when one of the spouses has been sentenced to prison for a period of two or more years for any crime. (6) There is guilt of the other spouse when he treated the innocent and injured spouse with indignities that made that spouse's condition intolerable and an onerous life. What is divorce on the grounds of confinement in a mental rehabilitation institution It is when one of the spouses is confined in a mental habilitation institution for a period greater than 18 months before the divorce petition, and will be for 18 more months, and it is likely that he will not be discharged before 18 months. What are the requirements to file for divorce due to confinement of the spouse in a mental rehabilitation institution • Insanity or serious mental disorder has resulted in confinement in a mental institution for at least 18 months immediately prior to filing for divorce, • and when there is no reasonable prospect of the spouse being discharged from hospital care during the subsequent 18 months. • The presumption that there is no prospect of discharge must be established by means of a certificate from the superintendent of the institution to that effect and that includes a supporting statement from a treating physician. What is a divorce by mutual consent in Pennsylvania It is when both spouses agree to divorce. What Are The Requirements For A Divorce With Mutual Feeling In Pennsylvania • The spouses claim that the marriage is irretrievably broken, • and 90 days have elapsed before the start of the divorce claim. • Each of the parties has submitted an affidavit showing that they consent to the divorce. • The consent of one of the parties will be presumed when that party has been convicted of committing a crime of personal injury against the other party. What is divorce on the grounds of irreparable breakdown of marriage in Pennsylvania It is the divorce in which the marriage has been irretrievably broken. What are the requirements for divorce on the grounds of irreparable breakdown in Pennsylvania • Alleging that the marriage is irretrievably broken. • File an affidavit alleging that the parties have lived apart for a period of at least one year. • and that the marriage is irretrievably broken. • and the defendant spouse (i) Does not deny the allegations established in the affidavit. (ii) Denies one or more of the allegations set forth in the affidavit but, after notification and hearing, the court determines that the parties have lived apart and separated for a period of at least one year and that the marriage is irretrievably broken. (2) If a hearing has been held pursuant to paragraph (1) (ii) and the court determines that there is a reasonable prospect of reconciliation, then the court will continue the matter for a period of not less than 90 days and not more than 120 days. days. Days unless the parties agree to a period greater than 120 days. During this period, the court will require counseling as provided in section 3302 (related to counseling). If the parties have not reconciled by the expiration of the time period and one of the parties declares under oath that the marriage is irretrievably broken, the court will determine whether the marriage is irretrievably broken. If the court determines that the marriage is irretrievably broken, the court will grant the divorce. Otherwise, the court will deny the divorce. When is a Pennsylvania Divorce Hearing Not Necessary If the grounds for divorce alleged in the complaint or counterclaim are established under subsection (c) or (d), the court will grant the divorce without requiring a hearing for any other reason.