Fault or No-Fault: What does it matter? – An explanation of your divorce options in Pennsylvania

If you are thinking about a divorce and Google “Divorce in Pennsylvania”, you will likely find an endless amount of information, which can be overwhelming.  By offering free consultations, we try to help make the process less mysterious.  Read on here, and we will help clear up as much of the confusion as possible!

What does “fault” or “no-fault” mean?  At one time, “fault” was a part of the divorce process.  It is not very common now because Pennsylvania is a “no fault” state – meaning, you can be divorced for any reason of your choice. 

To have a “fault based” divorce, you must give a reason, such as:

  • Your spouse has committed willful and malicious desertion for 1+ year;
  • Your spouse has endangered your life through cruel and barbarous treatment;
  • Your spouse entered into marriage with you while still married to another individual (bigamy);
  • Your spouse has been sentenced to prison for 2+ years;
  • Your life is intolerable and burdensome because of your spouse’s indignities;
  • Your spouse cheated on you and committed adultery.

The above 6 reasons/options might seem common but the reality is that these reasons are rarely, if hardly ever, used or followed in our local county courts. Instead, the most common divorce is the No-Fault Divorce” (even when fault is the reason why!)

Typically, making the decision to proceed under the No-Fault statute will result in a faster divorce process (which usually means less expensive!) This is because, under a no-fault divorce, you can obtain “grounds” (essentially, permission) to divorce after 90 days from the date of service of the divorce complaint, and/or after one (1) year of living separate and apart.  The waiting period will depend on whether or not you and your spouse are both in agreement to get a divorce and move on, or whether one spouse wants to hold out and try to repair the relationship.

It is important to hire an attorney who is well versed in the applicable laws and available options in our local counties. The attorneys at the Law Offices of Jennifer J. Riley are available to guide you through the initial stages of the divorce process in Montgomery, Bucks, Chester, and Delaware Counties.  We help you protect what matters most.   

Contact the Attorneys at the Law Offices of Jennifer J. Riley TODAY to schedule your free consultation.