Most divorces now are no-fault, meaning the reasons for the divorce – adultery, desertion, mental illness, etc. – do not affect your ability to get divorced. Instead, in most states, including Pennsylvania, you can get divorced if both spouses consent or if you have been separated for a certain period of time, determined by state law.
However, fault remains relevant to property distribution and alimony determinations. This may not be the case in every court, but courts may consider fault grounds for divorce in deciding how to divvy up assets and liabilities or how to award alimony.
Therefore, it is best not to flaunt, either on purpose or accidentally, any activities that might put you at fault in the court’s eyes. This is most relevant to divorces that were caused by adultery. If an adulterous relationship caused your marriage to break up, you should consider putting that relationship on hold while you go through the divorce. Dating that person during the proceedings can not only enflame the angers of your spouse, but it also exposes you to the risk that your extramarital activities might influence the outcome of your divorce.
If you are in need of more information or want to consult with one of our attorneys, please contact the attorneys of Petrelli Previtera Schimmel, LLC at (215) 523-6900.