Should You Pursue Fault or No-Fault Divorce in Pennsylvania?
If you plan to get divorced in Pennsylvania, you have the choice to pursue two types of divorce: fault and no-fault. What do these terms mean? And which should you seek? Here are a few answers to your questions so you can make the best decision.
What Is a No-Fault Divorce?
As its name implies, a no-fault divorce is a divorce granted without stipulating which party was to blame for the marital breakdown. The terms for divorce are usually granted as irreconcilable differences or that the marriage is irretrievably broken. No matter what did occur within the marriage to end it, these matters are not up for debate and generally are not considered during negotiations.
What Is a Fault Divorce?
A fault divorce is sought on the grounds that one party is substantially responsible for the marital breakdown and this should be considered in the divorce terms. Common grounds for fault divorces include desertion, adultery, cruelty, bigamy, felony crimes, and substance abuse. Not all states allow fault-based divorces, but some - including Pennsylvania - let one or both parties choose which type to pursue.
What Are the Advantages of a No-Fault Divorce?
The biggest advantage of most no-fault divorces is that it speeds up the process of getting divorced. Because you don't have to prove your spouse was at fault, you can move directly on to the negotiations over assets, custody, and other practical matters. And if you are estranged from your spouse, a no-fault divorce allows you to get a divorce without them.
How does a no-fault divorce help each person? If one party is hesitant, the lack of fault-finding may help convince them to agree to a divorce. The privacy of both parties is also protected better because personal issues aren't brought into the courtroom or made part of negotiations. If you are emotionally distraught, this method prevents you from having to dredge up old wounds or suffer delays.
Certainly, if you were the party who may have been largely responsible for the divorce, no-fault actions help you. If you or your spouse proves fault divorce instead, you may receive fewer assets or worse custody arrangements. No-fault puts you in a better position.
What Are the Advantages of a Fault Divorce?
Why might you go to the extra effort to seek fault-based divorce? For some, the emotional closure of having it on record that you were not the one to blame for a broken marriage could be compelling enough to warrant the extra work - especially if they suffered greatly during the marriage.
However, most spouses who want a fault divorce use this to improve their chances at alimony, child custody, and favorable division of assets. In many no-fault divorces, asset division and money matters are seen separately from fault. But if you establish that your partner cheated on you, you may be able to get more compensation as an injured party. Similarly, you may be granted greater custody of minor children.
Where Should You Start?
For many modern couples, the idea of a no-fault divorce has become the standard way of looking at divorce. However, you also have good reasons to choose the more complicated fault-based divorce. The right path depends on your particular circumstances and your goals and needs during the divorce.
The best place to start is to consult with an experienced divorce attorney in the state in which you plan to file. They will work with you to analyze your case and provide counsel as to the best course of action. For more than 25 years, Kalasnik Law Office LLC has assisted Pennsylvania residents with all their divorce needs. Contact us today to make an appointment and learn how we can help you