Some states, such as California and Nevada are called “no-fault” divorce states, meaning, people can’t get fault-based divorces in no-fault divorce states. Pennsylvania on the other hand, allows spouses to seek no-fault divorces and fault-based divorces. For the resident of Pennsylvania whose spouse cheated on them, this can get a little confusing.
Suppose you’re married and your spouse cheated on you with a neighbor or someone at work. Your marriage was on the rocks and the infidelity did not come as a big surprise; however, the affair was the “straw that broke the camel’s back” as the old saying goes. Now, you and your spouse have agreed to get a divorce, so you’re now wondering, “Do I have to file for divorce on fault-based grounds?”
You Can Still Seek a No-Fault Divorce
Even if your spouse admitted to the affair, it doesn’t mean you have to file for a fault-based divorce. While Pennsylvania does still grant fault-based divorces on the legal grounds of adultery, desertion for at least one year, a prison sentence of at least two years, or cruel and inhumane treatment (e.g. domestic violence), that doesn’t mean that all affairs lead to fault-based divorces.
Not every spouse who is cheated on files a fault-based divorce in Pennsylvania. Generally, spouses file on fault-based grounds when:
- Their spouse refuses to agree to get divorced,
- It’s been less than two years since the couple separated, and
- The innocent spouse does not want to wait two years to get divorced.
So, as long as your spouse is not refusing to get divorced, it’s not necessary for you, the innocent spouse, to file for divorce on the fault-based ground of adultery. If your spouse agrees to a mutual consent divorce, you can file a no-fault divorce so long as he or she is willing to cooperate with you.
Achieving a Simple, Cheap Divorce
If your marriage was affected by adultery, you are probably in no mood to drag it out, whether you are the innocent spouse or the one who cheated. If you and your husband or wife are willing to put your differences aside to achieve a simple, no-fault divorce, Cairns Law Offices can help you end your marriage amicably for just $299.
Even if marital misconduct led to the breakdown of your marriage, it doesn’t mean that you have to have a costly, litigated divorce. When it comes to achieving an extremely affordable divorce, all that matters now are that you and your spouse are on the same page about the divorce and are willing to work together to reach a fair settlement agreement that you are both satisfied with.
Are you ready to speak with a Pennsylvania no fault divorce lawyer for free? Contact Cairns Law Offices today to get started!