Filing for Divorce and the Illusion of Fault-Based Grounds

In general, Pennsylvania is known as a “no-fault state” when seeking a divorce. This means the courts are not interested in the reasons why a spouse is seeking a divorce. Rather, if one or both spouses want a divorce, they are going to get divorced. This seems obvious, but it wasn’t always this easy. Before the

divorce code was updated in 1980, a judge in Pennsylvania could refuse to grant a divorce unless the spouse pointed to marital misconduct.

So why does the Divorce Code still include language permitting a divorce on fault-based grounds? What does this even mean?

The truth is, filing a divorce on fault-based grounds does not have any practical effect in Lancaster County.

Not only does it force the aggrieved spouse to relive past trauma in a highly litigious setting, but the end result will not be worth the added effort.

Section 3301 of the Pennsylvania Divorce Code describes what grounds an individual must raise to get a divorce. The very first section of this statute includes all of the fault-based provisions one can use when filing for divorce. To name just a few, infidelity and endangering the life or health of the other party are included in this list. However, the remaining portions of this statute focus on the no-fault grounds to seek a divorce. (i.e., a general breakdown of the marriage).

A common reason to get divorced is infidelity. One party cheated, and the innocent spouse wants a divorce as a result. If the innocent spouse raises infidelity when filing for divorce, the court will first have to schedule an evidentiary hearing to determine if there was marital misconduct. This will require the

aggrieved party to introduce evidence of the other party’s cheating. These hearings can be vicious. The innocent spouse will be forced to hear the other party read text messages, listen to audio recordings, or hear testimony from the new boyfriend or girlfriend. It’s humiliating for both sides and can be traumatizing to the innocent party.

After the hearing, if the judge determines there was marital misconduct, he will issue an order approving the grounds for divorce based on infidelity. This just means that the judge will grant a divorce.

That sounds great, right? Only, it will have no real impact on the outcome of the divorce. When splitting up the property, the court is not allowed to consider marital misconduct when deciding how to distribute the assets. Simply put, just because one person cheated doesn’t mean the innocent spouse gets to keep the house free and clear.

The only impact marital misconduct could have on a divorce is on the award of alimony. Under Section 3701, a judge is allowed to consider the marital misconduct of either party during the marriage when determining an award for alimony. But it’s important to note that you can also receive alimony in a no-fault divorce. A judge only considers marital misconduct as one factor of many when awarding alimony. More importantly, a judge will consider several economic factors that determine the earning potential of the parties. Economic factors will always have a greater impact on an award for support than marital misconduct.

In the end, it’s just not worth it to file for divorce on fault-based grounds. You can accomplish the same things under a no-fault divorce. Proving marital misconduct might seem good at first, but it offers no added benefit. Divorces are already very emotional. To force oneself through the trauma of a fault-based divorce action would only do more harm than good. If you or anyone you know would like to discuss the issues surrounding a divorce, any one of our experienced attorneys would be more than happy to assist. - Joseph McMahon