Grounds for Divorce

1. Irretrievable Breakdown.

“Irretrievable breakdown” is defined by the Pennsylvania Divorce Code as estrangement due to marital difficulties with no reasonable prospect of reconciliation.”

2. Desertion.

A divorce may be granted when the defendant has willfully and maliciously deserted the innocent and injured spouse and has remained absent from the Plaintiff, without cause, for more than one year.

3. Adultery.

Adultery is voluntary sexual intercourse between a married person and a person other than the spouse. There are several defenses that exist to a claim of adultery including, but not limited to recrimination, insanity and the alleged innocent spouse received an ancillary benefit.

4. Cruel and Barbarous Treatment.

An innocent spouse may obtain a divorce on the grounds of cruel and barbarous treatment, where the defendant has endangered the life or health of the filing spouse. A divorce on the grounds of cruel and barbarous treatment may be obtained on the basis of a single, isolated incident if the incident is of sufficient severity. On the other hand, the divorce ground of indignities (discussed hereinbelow), requires a continuing course of conduct.

5. Bigamy.

An innocent and injured spouse may obtain a divorce on the grounds of bigamy where the defendant knowingly entered a bigamous marriage while a former marriage continued. Bigamy may also be a ground for an annulment of a marriage as well.

6. Conviction of a Crime.

Upon a conviction of a crime where the defendant was sentenced to imprisonment for a duration of two years or more, the innocent and injured spouse may seek a divorce.

7. Indignities.

Indignities may consist of vulgarity, unmerited reproach, habitual contumely, neglect, intentional incivility, manifest disdain, abusive language or ridicule and other manifestations of hatred or estrangement. A divorce may be obtained upon a showing that the defendant offered such indignities to the innocent spouse as to render his or her condition intolerable and life burdensome.

8. Mental Illness.

Where insanity or serious mental illness has resulted in the confinement of the Defendant in an institution for 18 months prior to filing the Complaint is deemed grounds for a divorce.