Pennsylvania divorce causes are the legally acceptable reasons allowing couples to end their marriages, divided into fault-based grounds requiring proof that one spouse's misconduct caused the marital breakdown, including adultery, abandonment for one year or more, cruel treatment endangering life or health, bigamy, imprisonment for two years minimum, and indignities making life intolerable, and no-fault grounds permitting divorce without blaming either party through mutual consent after 90 days when both spouses agree that the marriage is irretrievably broken, irretrievable breakdown after one-year separation, or institutionalization for mental disorder lasting 18 months prior to filing with no reasonable discharge expectation for 18 months after filing for divorce.
No-Fault Divorce Causes in Pennsylvania
Most Pennsylvania couples choose no-fault divorce, which allows marriage dissolution without proving either spouse's wrongdoing.
Mutual Consent Divorce
Mutual consent divorce represents the quickest, most common path to ending marriage in Pennsylvania. This option requires both spouses to agree that the marriage is irretrievably broken, meaning it cannot be fixed and the couple can no longer sustain their marital relationship.
Requirements
- Both spouses must file affidavits stating they consent to the divorce
- Each spouse must acknowledge the marriage is irretrievably broken
- At least 90 days must pass from the date the divorce complaint was filed and served
- Courts can grant divorce without court hearings when these requirements are met
Exception
If your spouse has been convicted of committing a personal injury crime against you, their consent is presumed even without filing the affidavit of consent.
During the 90-day waiting period, couples typically attempt negotiating settlement agreements addressing property division, alimony, child custody, and support. If agreements cannot be reached, courts hold hearings to decide contested issues.
Mutual consent divorce offers efficiency and reduced conflict, making it ideal for couples who agree it's time to end their marriage and can work cooperatively on settlement terms.
Irretrievable Breakdown After One-Year Separation
When one spouse refuses to consent to divorce, the other spouse can proceed based on irretrievable breakdown of the marriage after living separate and apart for one year.
Requirements
- Spouses must have lived separate and apart for at least one year
- The spouse seeking divorce files an affidavit stating the one-year separation and that the marriage is irretrievably broken
- This affidavit must be served on the other spouse
- The other spouse either doesn't deny the allegations, or a judge determines after a hearing that the assertions are true
Separation Definition
Pennsylvania courts have ruled that the separate and apart requirement can be established even when parties continue living in the same house, provided they've ended their marital relationship and live as roommates rather than spouses.
Contested Cases
If the non-filing spouse denies either the one-year separation or that the marriage is irretrievably broken, courts hold hearings to determine the facts. Judges may continue cases for 90-120 days and order counseling if they believe reasonable possibilities for reconciliation exist. After this period, if either party still wants divorce, judges reconsider whether the marriage is irretrievably broken.
This ground provides an avenue for divorce even when one spouse opposes dissolution, though it requires patience during the one-year separation period.
Institutionalization for Mental Disorder
Pennsylvania law permits divorce when one spouse has been confined to a psychiatric institution for mental health issues.
Requirements
- One spouse must have been confined to a mental institution for at least 18 months immediately before filing for divorce
- There must be no reasonable prospect the spouse will be discharged from inpatient care during the 18 months after filing for divorce
- Courts can grant divorce without hearings when these conditions are met
This ground recognizes that when one spouse faces severe, long-term mental illness requiring extended institutionalization, the marital relationship effectively ends, justifying divorce even though neither party is "at fault" for the circumstances.
Fault-Based Divorce Causes in Pennsylvania
Fault-based divorce requires proving that one spouse's specific misconduct caused the marriage to fail. While less common today due to added expense and complexity, fault grounds remain available.
Adultery
Adultery occurs when a married person engages in voluntary sexual intercourse with someone other than their spouse.
Legal Definition
Adultery requires penetration of the female organ by the male organ; completion is not required. Pennsylvania law generally doesn't consider other sexual acts as adultery for divorce purposes.
Proving Adultery
Most adultery cases are proven through circumstantial evidence showing the guilty spouse had both disposition and opportunity:
- Disposition: Public displays of affection, romantic communications, or other evidence indicating romantic involvement
- Opportunity: Evidence showing the spouse and paramour were alone together in circumstances suggesting sexual activity (entering an apartment together late at night, hotel stays, etc.)
Impact: While adultery doesn't affect property division (marital misconduct is excluded from equitable distribution factors), judges may consider it when determining alimony awards.
Abandonment or Desertion
Abandonment (also called desertion) occurs when one spouse leaves the marital home without reasonable cause for one year or more.
Requirements
- Willful and malicious departure from the marital home
- Absence lasting one year or more without interruption
- No reasonable cause for leaving
- Intent to permanently end the marital relationship
Cruel and Barbarous Treatment
This ground encompasses physical violence and extreme mental cruelty that endangers a spouse's life, safety, or health.
Requirements:
- Treatment must be severe enough to endanger life or health
- Acts must pose direct threats to physical or mental well-being
- Isolated incidents typically don't suffice unless particularly severe and atrocious
Evidence: Medical records, police reports, photographs of injuries, witness testimony, and other documentation substantiating the cruel treatment claims.
Domestic violence situations often qualify under this ground, providing victims legal pathways to exit dangerous marriages.
Bigamy
Bigamy occurs when one spouse married you while still legally married to another person, making your marriage invalid from the start.
Legal Status: Bigamous marriages are void rather than merely voidable, meaning they're invalid from inception. While you can file for divorce, annulment may be more appropriate since the marriage was never legally valid.
Imprisonment
Courts may grant fault divorce when one spouse has been sentenced to imprisonment for two years or more.
Requirements:
- Conviction for a crime (misdemeanor or felony in any state)
- Sentence of at least two years in prison
- The spouse seeking divorce must be the "innocent" party
Indignities
Indignities represent a catch-all fault ground encompassing mistreatment that makes life intolerable and burdensome even if not rising to the level of cruel and barbarous treatment.
Definition: Actions or behavior patterns by one spouse that humiliate, degrade, or create such disrespect that continued cohabitation becomes unreasonable.
Examples: Constant criticism, humiliation, disrespect, refusal to communicate, or patterns of behavior destroying mutual respect and dignity within the marriage.
This ground recognizes that marriages can fail due to accumulated mistreatment even without violence or dramatic misconduct.
Why Most People Choose No-Fault Divorce
Despite fault grounds' availability, the vast majority of Pennsylvania divorces proceed under no-fault causes for several practical reasons:
Cost: Fault divorce requires hearings with witness testimony, attorneys' fees for trial preparation and court appearances, court-appointed masters to hear evidence, and stenographers to record testimony. These expenses substantially exceed no-fault divorce costs.
Time: Fault divorce takes significantly longer, requiring evidence gathering, hearings, and potentially appeals. No-fault divorce, especially mutual consent, resolves much faster.
Emotional Toll: Fault divorce increases conflict by requiring one party to publicly accuse the other of wrongdoing and prove allegations with evidence. This adversarial process heightens stress and animosity.
Burden of Proof: In fault divorce, plaintiffs must prove they're innocent of wrongdoing while defendants are at fault. If defendants prove plaintiffs also engaged in misconduct, courts may deny divorce.
Limited Benefits: Since fault doesn't affect property division in Pennsylvania (marital misconduct is excluded from equitable distribution factors), the primary potential benefit is influence on alimony—but that's only one of 17 factors judges consider. The limited advantages rarely justify fault divorce's added costs and conflict.
Starting the Divorce Process
Regardless of which cause you pursue, filing for divorce follows similar initial procedures.
Residency Requirement: At least one spouse must have lived in Pennsylvania for six months prior to filing.
Filing Location: File in the county where either spouse resides or any county if both parties agree in writing.
Initial Documents: File a divorce complaint stating names and addresses of both spouses, grounds for divorce, and any requested relief (property division, alimony, custody, support).
Service of Process: Serve the divorce complaint on your spouse via certified mail, sheriff, or adult other than yourself.
Response Period: The defendant has time to respond by filing answers, counter-complaints, or consent affidavits depending on the circumstances.
Choosing the Right Ground for Your Situation
Selecting appropriate divorce causes depends on your specific circumstances, goals, and relationship dynamics.
Choose Mutual Consent If:
- Both spouses agree the marriage should end
- You can wait 90 days from filing
- You prefer an efficient, less adversarial process
- You want to avoid court testimony
Choose One-Year Separation If:
- Your spouse refuses to consent
- You've been separated for at least one year
- You can prove the marriage is irretrievably broken
- You're willing to wait through potential contested proceedings
Choose Fault Grounds Only If:
- You have clear, provable evidence of fault
- The situation involves extreme circumstances (violence, abandonment, etc.)
- You understand the added costs and time requirements
- Your attorney advises fault may significantly impact alimony awards
Consulting experienced divorce lawyers helps you evaluate which grounds best suit your situation and understand the practical implications of each option.
Looking Forward
Pennsylvania divorce causes include no-fault grounds permitting dissolution without blaming either party, mutual consent requiring both spouses to file affidavits stating the marriage is irretrievably broken after 90 days, irretrievable breakdown after one-year separation when spouses have lived separate and apart, and institutionalization for mental disorder lasting 18 months, and fault-based grounds requiring proof of specific misconduct including adultery, abandonment for one year or more, cruel treatment endangering life or health, bigamy, imprisonment exceeding two years, and indignities making life intolerable. While fault-based divorce remains legally available, most Pennsylvania couples choose no-fault options due to lower costs, faster resolution, reduced conflict, and limited benefits of proving fault since marital misconduct doesn't affect property division under equitable distribution though it may influence alimony determinations as one of many factors courts consider.