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Divorce proceedings can often be very difficult and emotionally exhausting for all people involved. In the state of Pennsylvania, spouses must meet certain requirements before divorce proceedings may begin. One of the first things they must do before the process begins is to cite grounds for their divorce. While many believe divorces only take place if one spouse is “at fault” for the end of the marriage, this is not always the case. In the state of Pennsylvania, spouses have the opportunity to cite either fault or no-fault grounds for their divorce.

Fault Grounds

While beginning divorce proceedings, spouses can cite fault grounds in order to begin. When a spouse cites fault grounds in a divorce case, it means one spouse is holding the other responsible for the end of their marriage. In the state of Pennsylvania, there are several grounds to choose from when citing fault grounds. This can include:

  • Adultery
  • Abandonment
  • Non-support
  • Bigamy
  • Imprisonment for 2 years or more
  • Gross habits of intoxication
  • Cruel and abusive treatment

Spouses are sometimes unsure about citing fault grounds in a divorce. This is due to the possibility of litigation as well as creating more problems with their spouse. When one spouse cites fault grounds, the other spouse is able to answer the accusation. This could possibly lead to more legal issues. It is a common misconception that when a spouse cites fault grounds, it will affect the outcome of the divorce. However, fault grounds usually do not have an impact on the outcome of a spouse’s marital issues in a divorce.

No-Fault Grounds

When no-fault grounds is cited in a divorce, it means neither spouse wishes to hold the other responsible for the end of their marriage. In the event of this, the divorce proceedings may begin and spouses can begin to settle marital issues. No-fault grounds in a divorce is also known as an “Irretrievable Breakdown of Marriage.” This requires spouses to agree on all marital assets before they may file for divorce. These issues may include child custody, child support, parenting time, alimony, and the division of assets. In this case, the couple has the opportunity to decide the method they wish to use to divorce. Different methods consist of mediation, arbitration, collaborative divorce, or private discussions.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact the Law Offices of Ilkhanoff & Silverstein today.

The divorce process can be challenging, but our team at Ilkhanoff & Silverstein are dedicated to fighting for your best interests. Since 1999, our York divorce lawyers have guided our clients through this emotional and stressful time with compassionate client service and results-driven legal counsel.