A fault divorce in Pennsylvania is premised upon the guilt of one party and the innocence of the other. A divorce on fault grounds may be granted where the plaintiff proves two things: (1) that the plaintiff is the innocent and injured party and (2) that the defendant is guilty of any one of six categories of marital misconduct: desertion, adultery, cruel and barbarous treatment, bigamy, imprisonment of a crime and/or indignities. Also, a basis for fault divorce may exists where the defendant has been institutionalized due to insanity or mental disorder.
A contested divorce on grounds of marital fault may be a lengthy process. Miller Lyden P.C. can provide counsel on how best for you to proceed throughout the divorce process.