Who is at Fault for a Sudden Divorce?August 2, 2021
Some marriages gradually end, but others are sudden, and a spouse may not know where to turn next. When a divorce is filed unexpectedly, the blindsided spouse might feel overwhelmed, sadness, confusion, and anger. Some individuals who feel they have been wronged by their former spouse may think it is only fair for a judge to side with them when deciding how the divorce case will go, but that is unwise. Under Pennsylvania law, there are no punishments for leaving a marriage in this manner. As unfair as it may seem to one spouse, Pennsylvania offers both fault and no-fault divorces.
In Pennsylvania, no-fault divorces come in two forms: mutual consent and separation. A mutual consent divorce establishes that that the marriage is irrevocably broken and that both sides agree the marriage should end. In separation, the marriage is irrevocably broken and the couple has been living apart for more than one year. In either case, the divorce can only be granted once all the financial issues are worked out or the parties wave their rights.
Most states do not allow a judge in a trial to use fault to determine many issues in a divorce case. In some cases, the law may allow marital misconduct to be considered in awarding alimony, but generally, it is not a practice judges tend to embrace.
It is important to note that the vast majority of divorce cases do not involve repeatedly going to court or trial. Many divorce matters are settled in mediation. Settlement negotiations may touch on who is at fault, but usually, marital property is divided equitably without regard for what happened to end the marriage. In any scenario, it is best to consult with a lawyer right away. A lawyer will determine the best course of action when it comes to a sudden divorce.
Media Divorce Lawyers at the Law Office of Deborah M. Truscello Guide Those Blindsided by Divorce
If you were recently shocked to be served divorce papers, you might be feeling unsure of your legal options going forward. The dedicated Media divorce lawyers at the Law Office of Deborah M. Truscello can help you with your complicated divorce case. Complete our online form or call us at 610-892-4940 to set up a free consultation. Located in Media, Pennsylvania, we serve clients throughout Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester.