Generally speaking, Pennsylvania is a fairly unique commonwealth when it comes to the operation of family law and divorce. The Pennsylvania Divorce Code, most recently amended in 2005, allows for filing of divorce on both Fault and No Fault grounds if the parties have resided in the commonwealth for at least six months prior to the initiation of the divorce action.
A party filing on Fault grounds must establish one of six categories: Desertion, Cruel and Barbarous Treatment, Bigamy, Incarceration, Indignities or Adultery. While the Fault option is available, most parties do not file for divorce on fault grounds for a couple reasons.
Firstly, although the court may consider fault in making determinations of alimony, they may not consider it in equitable distribution. Secondly, filing for divorce on fault grounds is a more extensive litigious process, and thus much more expensive for the party filing for divorce.
Therefore, most parties opt to file for divorce on No Fault grounds, which can be established either by mutual consent of both parties or by a unilateral action taken by one party where the couple has lived separate and apart for a period of one year.
It is important to note that in Pennsylvania there is no such thing as “legal separation.” While legal separation does not exist, the date of separation is still important for making determinations regarding support and distribution of marital property.
Parties generally establish separation by cessation of a sexual relationship, separation of finances and holding out to the community that they are indeed living separate and apart.
Related Article: The No-Fault/Fault-Based Divorce Debate