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Fault Divorce in Pennsylvania

If your spouse committed an act that is grounds for divorce, it may be beneficial to assert that they are at fault for your divorce.

In some situations, a divorce may be unavoidable. Whether this is due to a mutual agreement or an unforgivable act, the legal processes involved with breaking the bonds of marriage can be intensive. Several types of divorce exist in the state of Pennsylvania, and the factors used to justify a divorce can vary.

The Pittsburgh divorce lawyers at Pittsburgh Divorce & Family Law, LLC realize that ending a relationship can wreak havoc on your life. With years of experience representing good people, Pittsburgh Divorce & Family Law, LLC can help you navigate the complex legal system. We will be with you at every turn and will work tirelessly to present the evidence necessary for your case to reach a quick and painless resolution.

Call (412) 471-5100 today to see how your divorce can reach an outcome that is mutually beneficial.


Fault-Based Grounds

When a spouse commits an act that has devastating effects on a marriage, the other spouse may be inclined to file for a divorce. In other words, the actions of one spouse can be the reason a petition for divorce is filed. In order for a judge to approve this request, the petitioning spouse must submit an oral or written statement explaining what has been done to trigger legal action. When a divorce is fault based, the judge can approve the divorce without the consent of the accused spouse. The following acts may be grounds for a fault divorce:

  • The spouse abandoned their spouse or family for more than one year
  • The spouse committed a form of adultery
  • The spouse subjected their spouse to treatment that was cruel or barbarous, such as torture or domestic abuse
  • The spouse has made the other spouse’s life unbearable or extremely difficult
  • The spouse married another person before divorcing their first spouse

If any of these acts apply to your situation, you should contact a Pittsburgh divorce lawyer from Pittsburgh Divorce & Family Law, LLC at (412) 471-5100 to help guide you through this delicate process.

The Process

Fault divorces are far less common than those in which blame is not assigned. In fact, Pennsylvania is one of the few states that continue to recognize divorces that are caused by one spouse. In general, a divorce will take much longer than the normal divorce process when fault-based grounds are involved because there are more factors to weigh. The judge is forced to examine the written or oral statement of the plaintiff spouse, whether or not the other spouse is truly at fault, and, if the other spouse is at fault, whether criminal charges should be considered. Another element that can prevent a fault divorce from wrapping up quickly is an objection to fault-based grounds.

Common defenses to a fault divorce include, but are not limited to:

  • Connivance: a defense to adultery that in which the accused proves that the other spouse approved of or even participated in the infidelity
  • Condonation: a defense to adultery which claims that the infidelity was forgiven in the past
  • Recrimination: a defense which involves proving that the other spouse is equally at fault for the divorce due to the fact that they also committed adultery

Let Anthony Piccirilli Protect Your Rights

There is no doubt that a divorce can be overwhelming. If you are a parent, you are likely concerned about the separation between you and your spouse having a negative effect on your child’s life. What’s more, going through a divorce involves settling a number of unpleasant issues like child custody or spousal support.

The Pittsburgh family lawyers at Pittsburgh Divorce & Family Law, LLC understand how devastating these situations can be. Attorney Anthony Piccirilli can make sure the divorce process is expedited, providing you with options that will help your case reach a conclusion in a timely manner.

Call Pittsburgh Divorce & Family Law, LLC today at (412) 471-5100 or contact us online now to see how your legal rights can be protected.