Under Pennsylvania law, you can file for a fault-based divorce. This could happen if your spouse committed adultery, deserted you, endangered your life, created an intolerable living situation or was sentenced to prison. These are just a few examples of fault-based reasons, and every situation is unique.
However, some want to get divorced but who do not have one of these reasons. Their spouse hasn’t been arrested, hasn’t treated them badly and hasn’t had an affair. If you’re in this position, are there alternatives to filing for a fault-based divorce that you could possibly use?
The irretrievable breakdown of the marriage
If you don’t want to file a fault-based divorce and you do not have the mutual consent of your partner, then you can file for divorce based on the irretrievable breakdown of your relationship. Essentially, you just have to claim that the relationship itself has fallen apart and that there’s no way to repair it. Your spouse may not be at fault for causing this breakdown, but you still want to leave the marriage.
There is one stipulation to be aware of if you’re going to use this divorce filing. You and your spouse must have been living separately for at least 12 months before you can file. So if you’re still living together today, you either need to begin living separately or you need to consider filing for a fault-based divorce.
Divorce laws are different from state to state and can get complicated. Be sure you know about the legal steps that are necessary at this time.
