Divorce Family Law Bethlehem PA: Fault or No-Fault Divorce

February, 2014 by

To file for a divorce, you have to state the reason for breaking up the marriage. This could be fault or no-fault. A lawyer who focuses on Divorce Family Law in Bethlehem PA will help you determine if you need a fault or no-fault divorce.

In a fault divorce, one spouse blames the other one for activity that caused the divorce. The Divorce Family Law Bethlehem PA states the following are possible fault grounds for divorce: adultery, abandonment that lasted for a year or more without cause, bigamy, cruelty, conviction of a crime that led to a prison sentence of at least two years, or humiliating an innocent spouse so much the marriage becomes intolerable. The fault of the divorce does not influence decisions about the division of property, but it may decide the alimony award.

In a no-fault divorce, the couple places no blame on either party and states the marriage is too broken to fix. You have two options for a no-fault divorce: mutual consent or irretrievable breakdown without mutual consent. A divorce by mutual consent may be granted if both parties agree the marriage cannot be fixed, 90 days has passed since the divorce was filed, and both spouses file a written declaration that they consent to the divorce. If one spouse wants the divorce and the other does not, the divorce can still be granted. The divorce-seeking spouse has to file for divorce saying the marriage cannot be fixed, declare in writing the couple has lived apart for two years or more and the marriage is broken, and the responding spouse does not deny the allegations.

This information is not meant to be substituted for legal advice of a lawyer, but instead to educate people of their options. In a no-fault mutual divorce, you may decide not to hire a lawyer. However, in all other circumstances, you more than likely will want the assistance of a lawyer. Even in a no-fault mutual divorce, hiring a lawyer is helpful because the lawyer will deal with all communications between you and your spouse and help you know what to expect during the process.




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