Grounds for Divorce in Pennsylvania: Legal Reasons to End a Marriage

When couples in Pennsylvania choose to divorce, they must state a legal reason — known as the “grounds for divorce.” These grounds help the court determine whether to approve the dissolution of the marriage.

Pennsylvania offers both no-fault and fault-based divorce options. At Cooper Family Law, we help individuals throughout Philadelphia and Southeastern PA understand which path aligns best with their circumstances and long-term goals.

No-Fault Divorce in Pennsylvania

Most divorces in Pennsylvania are filed as no-fault. This means neither spouse is blaming the other for causing the marriage to fail.

Two Types of No-Fault Divorce:

1. Mutual Consent – Both spouses agree the marriage is irretrievably broken and file affidavits confirming their consent.

   • There is a 90-day waiting period after serving the divorce complaint.

   • This is typically faster and less contentious.

2. Irretrievable Breakdown (Unilateral) – One spouse claims the marriage is broken, but the other does not consent.

   • After one year of separation, the court can grant the divorce even if one spouse does not agree.

Both options fall under 23 Pa. C.S. § 3301(c) and (d).

Fault-Based Divorce in Pennsylvania

A fault divorce requires one spouse to prove that the other is legally at fault for the breakdown of the marriage. While less common today, this route may be pursued for financial or strategic reasons.

Grounds for Fault Divorce Include:

• Adultery

• Desertion (for one year or more)

• Cruelty (endangering life or health)

• Bigamy

• Incarceration (for two or more years)

• Indignities (severe emotional or verbal abuse that makes life intolerable)

Fault divorces can be more difficult to prove and may lead to contested litigation. However, they may impact spousal support or equitable distribution in certain cases.

Statutory Reference: 23 Pa. C.S. § 3301(a)

Special Grounds: Institutionalization

Under 23 Pa. C.S. § 3301(a)(6), a spouse can seek divorce if the other has been institutionalized for mental illness for at least 18 months with no reasonable prospect of discharge within the next 18 months.

Which Grounds Should You Choose?

Your choice depends on several factors:

• Are both spouses cooperative? → Mutual consent is fastest.

• Has there been abuse or abandonment? → Consider fault grounds.

• Is the other spouse unwilling to cooperate? → Use no-fault unilateral after one year of separation.

An attorney can help you evaluate the pros and cons of each option, including how the choice may affect property division or spousal support.

Relevant Pennsylvania Divorce Laws

• 23 Pa. C.S. § 3301 – Grounds for divorce

• 23 Pa. C.S. § 3104 – Commencement of divorce actions

• Pa. R.C.P. 1920.1 et seq. – Divorce procedural rules

Courts in Philadelphia, Montgomery, Chester, Bucks, and Delaware Counties all follow the same statutory grounds, but processing times, judicial preferences, and case volume may vary.

Many counties encourage alternative dispute resolution, such as mediation or collaborative divorce, especially in no-fault cases.