Grounds for Divorce – Willful and Malicious Desertion

Deciding to end a marriage is a significant and often complex decision. An experienced Pennsylvania divorce lawyer suggests that Pennsylvania law has statutory provisions that recognize both no-fault and fault-based divorce grounds. Fault-based divorce grounds include:

• Willful and malicious desertion – The court may grant a divorce to the innocent and injured spouse if the other spouse has committed willful and malicious desertion, with absence from the habitation of the injured spouse, without reasonable cause for a period of one or more years.
• Adultery – Adultery is recognized as a ground for divorce in Pennsylvania.
• Cruel and barbarous treatment – The court may grant a divorce if the other spouse has, by cruel and barbarous treatment, endangered the life or health of the innocent and injured spouse.
• Bigamy – Knowingly entering into a bigamous marriage while a former marriage is still subsisting is considered a ground for divorce.
• Imprisonment – The court may grant a divorce if the other spouse has been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime.
• Indignities – The court may grant a divorce if the other spouse has offered such indignities to the innocent and injured spouse as to render their condition intolerable and life burdensome.

Willful and malicious desertion refers to a situation where one spouse voluntarily leaves the marital home with the intent to end the marriage. It goes beyond a temporary separation and involves a deliberate decision to abandon the marital relationship. According to experienced divorce lawyers in Montgomery County, PA, legal requirements and specific elements must be met to establish willful and malicious desertion as grounds for divorce.

Duration and Intent Requirements

Desertion typically needs to be of a certain duration to qualify as grounds for divorce. Courts may consider a continuous period of abandonment, ranging from several months to years, depending on the jurisdiction.

Proving the intent behind the desertion is crucial. It requires demonstrating that the departing spouse had the willful and malicious intent to abandon the marital relationship. The court carefully assesses the circumstances surrounding the desertion to establish this intent.

Documenting Desertion

Documenting instances of willful and malicious desertion is essential for building a case. Maintaining a detailed record of events, including dates of departure, communication, and any attempts at reconciliation, can strengthen the evidence supporting the claim of desertion.

Legal Process for Filing Based on Desertion

Initiating a divorce based on willful and malicious desertion involves a specific legal process. Understanding the necessary steps, from filing the initial paperwork to attending court hearings, is crucial for a smooth and effective divorce proceeding.

Impact on Division of Assets and Alimony

The choice of grounds for divorce, such as desertion, can have implications for the division of marital property. Courts may consider the circumstances surrounding the desertion when determining how assets should be divided. Additionally, desertion may impact the awarding of alimony or spousal support.

Navigating Emotional Challenges and How a Pennsylvania Divorce Attorney Can Help

Emotions often run high during divorce proceedings, and having a dedicated PA divorce attorney from The Martin Law Firm, P.C. by your side can make a significant difference. They can guide you through the legal process, ensuring your rights are protected.