Divorce and Separation

Grounds for divorce in Pennsylvania can be either NO-FAULT or FAULT. Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months. Then you must prove that there are grounds, or lawfully acceptable reasons, for a divorce.

If a divorce is by MUTUAL CONSENT and both parties sign Affidavits of Consent to it, the court will grant a divorce three months after the service of the complaint on the other party. If only one spouse wants a divorce and the parties have been separated for at least two years, a divorce may be granted if the court determines that the marriage is irretrievably broken.
Both of these are NO-FAULT grounds for divorce.

Before someone can obtain a FAULT divorce, two things must be proven. First, that he or she is "innocent and injured," or not at fault, and second, that misconduct by the other spouse has caused a breakdown of the marriage. Allowable grounds for FAULT divorce are specified by law, such as violence, bigamy, adultery, desertion, conviction of a crime or insanity.

What is a legal separation?
Technically, there is no such thing in Pennsylvania as a "legal separation." Separation simply means that you and your spouse no longer live together. Separation may occur by mutual consent or by one of you leaving or being expelled from your home. Under some circumstances, you may be considered separated even though you and your spouse are still living in the same residence.

Can I stop my spouse from entering our home?
Your spouse has a right to be on and in the property that you both own or rent unless a court decides otherwise. If you lock your spouse out, he or she may be able to take appropriate action to regain entry to the property.

What is the role of a lawyer?
If you and your spouse are having marital problems, your lawyer can assist you in three areas. First, an attorney will advise you or your legal rights and duties. Second, he or she will help to bring about an agreeable settlement of the legal disputes which arise between you and your spouse as a result of separation or divorce. Finally, your lawyer is your representative in enforcing your rights in a court of law or in defending you if your spouse files an action against you.

Special Note: This information is ONLY to inform and not to advise. It is based on Pennsylvania law. The statements are general, and individual facts in a given case may alter their application or involve other laws not referred to here.

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