What Are the Reasons for a Fault Divorce in PA?
The vast majority of Pennsylvania divorces are No-Fault Divorces, even when one of the spouses is to blame for the breakdown of the marriage. A fault divorce must be argued in court, it must show that one party is innocent, and it must prove that the other party has committed certain egregious offenses to the marriage:
· Adultery
· Desertion
· Cruel and barbarous treatment
· Bigamy
· Imprisonment for a crime
· Indignities
The details of your accusation, your spouse’s behavior, and all testimony will be in court records. Once they review all the details involved with a fault divorce, the majority of injured spouses determine that the costs outweigh the benefits. They opt for privacy and expediency so that they can move on with their lives rather than pursue what may amount to insufficient justice.
What are the Benefits of a Fault Divorce in Pennsylvania?
Even though most divorces proceed through no-fault means, there are circumstances where a fault divorce is the best option. A fault divorce may move forward to court faster than the waiting periods allow in no-fault cases. If the offending spouse will not consent to divorce, it may be appropriate to pursue a finding of fault in order to bring the marriage to an end. When there are serious abuse issues in the relationship, the filing spouse may have easier access to protections through a finding of fault.
When there are grounds for a fault divorce, the distribution of assets may be allocated differently, awarding a larger share to the innocent spouse. This is not always the case, however, so it is vitally important to consult with a knowledgeable divorce attorney. Except in cases of criminal conduct and abuse, a fault divorce may not impact child custody in the innocent party’s favor. If custody is your primary issue, be honest with your divorce attorney from the outset so that you can explore the most effective approach for your own and your children’s well-being.
Is a Fault Divorce More Expensive in Pennsylvania?
Filing for a fault divorce can be expensive. You may need witness testimony, and you may need to hire experts like a private investigator, mental health professional, or a forensic accountant. You will have to prove not just that your spouse committed the acts that are grounds for fault, but that those acts irretrievably broke your marriage and harmed you as an innocent party. If your family law attorney does not believe you have the evidence to proceed, they should be upfront about pursuing no-fault divorce as an alternative. In the end, what seems like pursuit of justice is often an overly burdensome ordeal without a satisfying result. Though it is unfortunate that your spouse harmed you by their actions, the no-fault divorce may be your most efficient path to closure.
Glenn-Dinwoodie Law is an experienced divorce attorney. We approach divorce litigation cases with detail-focused tenacity to ensure the best outcomes for our clients. Contact us for your initial consultation to learn more about how Glenn-Dinwoodie Law can help you in your divorce proceedings. Glenn-Dinwoodie Law has offices in Doylestown and Plymouth Meeting, and we serve clients across Bucks County and Montgomery County.
