Deciding to end your marriage is never an easy choice, but once you have your mind set on it you likely want the process to move along as quickly as possible. One of the most important considerations before you can file for divorce is whether or not you meet the state’s legal requirements. To learn more about your legal rights and responsibilities, work with an experienced Montgomery County divorce lawyer.
What Are the Legal Requirements for Divorce in PA?
For you to file for divorce as one half of a Pennsylvania couple, you must first ensure that you meet the state’s legal requirements. There are only two criteria that must be met before you can file the official complaint for divorce: the residency requirement and a valid reason for the termination of your marriage.
If you can provide evidence of your or your spouse’s residence in the state and demonstrate the grounds that you are filing under, you can obtain a divorce in Pennsylvania.
What is the Residency Requirement?
Luckily for Pennsylvania couples seeking a divorce, the residency requirement is relatively lax, especially compared to some states. To meet the PA requirement, either you, your spouse, or both of you must have lived in the state for at least 6 months immediately before filing your petition for divorce.
As long as one or both of you fit this criterion, Pennsylvania courts have jurisdiction over the case.
What Are Valid Divorce Grounds in PA?
There are generally four categories of valid divorce grounds in Pennsylvania, as established below.
1. Fault
You can file for divorce based on your spouse’s behavior and actions. Below are the valid fault-based reasons to file for divorce.
- Willful and malicious desertion without reasonable cause for at least one year
- Adultery
- Cruel and barbarous treatment
- Bigamy
- Imprisonment for two or more years
- Indignities that have made the relationship intolerable and life burdensome
2. Institutionalization
You may also choose to file for divorce based on your spouse’s institutionalization in a mental hospital. This ground will be valid if your partner’s insanity or serious mental disorder has caused them to be confined in a mental institution for at least 18 months.
3. Mutual consent
A court may decide to grant a divorce if the marriage has been irretrievably broken and both parties file an affidavit asserting that they both consent to the dissolution of the marriage. Your spouse’s consent can also be presumed if they have caused you personal injury.
4. Irretrievable breakdown
A court will accept an irretrievable breakdown of the marriage as a no-fault ground for divorce if you claim this reason and an affidavit is filed proving that you and your spouse have lived separately from one another for at least one year. To successfully use this as a reason for divorce your spouse should not deny the allegations, though the court can overrule their objection.
If any of the above grounds apply to your relationship, you have a valid reason to file for divorce. For more information and experienced legal advice, reach out to a divorce lawyer at Cohen & Patel today.
