Timothy F. Rayne, Esquire

Changes to the law in 1980 added "no fault" as acceptable grounds for divorce in Pennsylvania

The Divorce Code of 1980 revolutionized divorce law in Pennsylvania by establishing the concept of "no-fault" divorce, making divorces less confrontational legal proceedings. The following is a review of divorce pre and post 1980.

Before 1980
Before the Divorce Code of 1980, a divorce was only available if a party could prove that he or she was an innocent and injured spouse and that the other spouse committed some marital fault like adultery, desertion or indignities. In the pre-1980 system, if the divorce was contested, a nasty court battle to prove the "fault" grounds would occur. Often, the fault divorces would be contested until the financial aspects of the split were negotiated and then the "guilty" spouse would agree to the divorce to avoid the embarrassment of trial. In addition, the lack of no-fault divorce would sometimes lead to a spouse moving out of the state in order to take advantage of more liberal divorce laws.

After 1980
The Divorce Code of 1980 was passed in order to change the punitive divorce process to a remedial one. The goal was to minimize the harm to the spouses and children and to attempt to produce economic justice between the parties. The Act moved away from the fault aspect in divorce and introduced the concepts of no-fault divorce, equitable distribution of the marital property and alimony.

Under the Code of 1980, there are three grounds for divorce:

1. Fault Grounds
The Divorce Code retained "fault" as a grounds for divorce where a spouse can prove two things: (1) that he or she is the innocent and injured party; and (2) the other spouse is guilty of marital misconduct  –  desertion; adultery; cruel and barbarous treatment; bigamy; imprisonment for a crime; or indignities. As a practical matter, however, nearly all divorces are pursued using no-fault grounds.

2. No-Fault Grounds
The term "no-fault divorce" means that a divorce may be filed without establishing the "guilt" of one spouse and the "innocent and injured" status of the other spouse. The no-fault divorce occurs either with or without the consent of the non-filing spouse. If both parties agree to the divorce, one must file a divorce complaint indicating that the marriage is "irretrievably broken." Then, after more than ninety days have passed, both spouses file documents indicating their consent to the divorce and a no-fault divorce is granted. Even if the non-filing spouse will not consent, a no-fault divorce will be granted after the parties have lived "separate and apart" for more than two years. Even though the two have lived in the same house, if they have ceased cohabitation  –  including sexual relations and all other aspects of a marital relationship  –  they can count that time as part of the two-year separation period.

3. Mental Illness
A divorce may also be granted where insanity or a serious mental disorder has resulted in one spouse being confined in a mental institution for at least eighteen months with no reasonable prospect of discharge during the following eighteen months.

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