DIFFERENCE BETWEEN NO FAULT AND FAULT DIVORCE

Difference between no-fault and fault divorces:

In a no-fault divorce, a divorce is requested on the grounds that the marriage is irretrievably broken. The filing spouse does not point to any wrongdoing on the part of the other spouse.

In a fault divorce, a spouse alleges wrong doing  on the part of the other spouse. A fault divorce can be sought in Pennsylvania on the following grounds:

  • Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years.
  • Committed adultery.
  • By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse.
  • Knowingly entered into a bigamous marriage while a former marriage is still subsisting.
  • Been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime.
  • Offered such indignities to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.