Can Adultery Be Used as a Ground for Divorce in Pennsylvania?
Today in America, all states permit what are known as “no-fault” grounds for divorce. Only some of the states, however, permit “fault-based” grounds. In a no-fault divorce, neither party “blames” the other for the breakdown of the marriage. Instead, the couple agrees to part on the grounds of “irreconcilable differences.” In other words, no one is to blame. The couple just isn’t into each other anymore. On the other hand, some states, like Pennsylvania, permit spouses to blame each other for the breakdown of the marriage. These are known as “fault-based” grounds. Among the several fault-based grounds that the State of Pennsylvania allows, adultery is among the most common. In this article, the Philadelphia divorce lawyers at the Law Offices of Lauren H. Kane will discuss adultery as a “ground” for divorce, and how it works practically.
Understanding adultery as a ground for divorce
Whether or not adultery is considered a ground for divorce varies from state to state. The treatment of adultery by the courts is varied as well. In some states, allegations of adultery won’t mean much for the divorce process unless one spouse has “dissipated” the marital estate to fund the affair. In other words, they spent money that belonged to the marriage on their lover, hence depleting the resources of the marital estate.
In Pennsylvania, adultery is defined as voluntary sexual intercourse between a married person and another individual who is not their spouse. It is explicitly listed as a valid ground for divorce. According to Pennsylvania Consolidated Statutes § 3301, “the court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse … committed adultery.”
Essentially, if you claim that the breakdown of the marriage occurred as a direct result of adultery, you must be able to prove that the adultery occurred. However, you don’t need to prove adultery to pursue a divorce. Pennsylvania also allows no-fault grounds.
Implications of adultery allegations in a Pennsylvania divorce
Allegations of adultery can be used as grounds for divorce, but practically speaking, it might not have much influence over the division of marital assets unless the unfaithful spouse diverted marital assets to fund their affair. In that case, you can prove direct harm resulted from the adultery. Adultery is much more likely to affect awards of alimony. If adultery is alleged to have caused the breakdown of the marriage, the court might award less support or deny support entirely.
Could adultery impact child custody determinations?
Not in and of itself. On the other hand, if you can prove that the adulterous affair caused some form of harm to the children, the court can consider it when determining custody. When it comes to children, however, the most important factor is their best interests.
Talk to a Philadelphia Divorce Lawyer Today
The Law Offices of Lauren H. Kane represent the interests of Philadelphia residents during their divorce. Call our Philadelphia family lawyers today to schedule an appointment and learn more about how we can help.
