Montgomery County Mutual Divorce Lawyer

In the state of Pennsylvania, divorcing couples have two options: citing fault grounds and choosing no-fault, or mutual, divorce. Learn more about the difference between no-fault and fault-based divorce, how the decision you make can affect the process, and how a seasoned Montgomery County mutual divorce lawyer can effectively represent your interests, every step of the way.

Mutual Divorce Lawyer: Representing Clients in Pennsylvania

Here at Cohen & Patel, we have extensive experience representing clients through the divorce process, and we stand ready to put that experience to work for you. Reach out to our seasoned family lawyers so we can assess the circumstances of your case, and, from there, work toward the most positive outcome possible on your behalf.

Fault Grounds in Pennsylvania

In Pennsylvania, a fault-based divorce requires one spouse to prove that the other’s misconduct led to the breakdown of the marriage. The recognized fault grounds for divorce in Pennsylvania include the following:

• Desertion: One spouse has willfully and maliciously deserted the other for at least one year without a reasonable cause.
• Adultery: One spouse has engaged in an extramarital affair.
• Cruel and Barbarous Treatment: One spouse has subjected the other to acts of cruelty or physical abuse that endanger the life or health of the other spouse.
• Bigamy: One spouse was already legally married to another person at the time of the current marriage.
• Imprisonment: One spouse has been sentenced to imprisonment for two or more years following the marriage.
• Indignities: One spouse has consistently treated the other in a manner that renders the marital condition intolerable, such as through emotional abuse or severe humiliation.
• Insanity or Serious Mental Disorder: One spouse has been confined to a mental institution for at least 18 months before the divorce filing, and there is no reasonable prospect of discharge within 18 months thereafter.

Each of these grounds requires clear evidence, and proving fault can sometimes complicate the divorce process, potentially leading to prolonged litigation and increased costs.

No-Fault Divorce in PA

A no-fault divorce in Pennsylvania allows a couple to end their marriage without the need to prove wrongdoing by either spouse. There are two primary types of no-fault divorces in Pennsylvania:

• Mutual Consent: Both spouses agree that the marriage is irretrievably broken and consent to the divorce. This process can be expedited, often concluding within 90 days after the filing, provided both parties file affidavits of consent.
• Irretrievable Breakdown: If one spouse does not consent to the divorce, the other can still obtain a no-fault divorce by proving that the marriage has been irretrievably broken and the couple has lived separately for at least one year.

The key difference between no-fault and fault-based divorces is the absence of blame or proof of misconduct in no-fault cases. No-fault divorces tend to be quicker, less adversarial, and more cost-effective, as they avoid the need for lengthy court battles over fault allegations.

Which is Right for You?

Choosing between a no-fault and fault-based divorce in Pennsylvania depends on your specific circumstances. A no-fault divorce offers several advantages, including:

• Reduced Conflict: Without the need to prove fault, the process is generally less contentious, which can be especially beneficial if children are involved.
• Faster Resolution: No-fault divorces can be finalized more quickly than fault-based ones, allowing both parties to move forward sooner.
• Lower Costs: By avoiding the need for extensive evidence gathering and litigation, no-fault divorces are typically less expensive.
• Greater Privacy: No-fault divorce proceedings do not require the airing of personal grievances in a public courtroom, which can help protect the privacy and dignity of both parties.

However, there are situations where a fault-based divorce might be more appropriate, such as when one spouse’s misconduct has significantly impacted the marriage or when specific grounds could influence the court’s decisions regarding alimony or asset division. Consulting with an experienced Montgomery County family lawyer can help you weigh these options and determine the best course of action for your unique situation.

Contact a Pennsylvania Mutual Divorce Lawyer

If you’re seeking a no-fault divorce in Pennsylvania, Cohen & Patel stands ready to guide you through the process. Contact our Montgomery County divorce lawyers today so we can get started working on your case.