Pennsylvania divorce petitioners need to evaluate the guidelines for divorce grounds. It is this decision that could shape the entire case and determine the duration needed to acquire a finalization. A Divorce Lawyer Scranton PA could walk these petitioners through the process to prevent common issues.
Willful Desertion or Abandonment
The willful desertion or abandonment of a spouse is determined by the length of time in which the spouse has been gone. The petitioner must show that their spouse left without a reason and choose not to remain in the marital home. Cases in which the petitioner doesn’t know the whereabouts of their spouse require additional steps. They’ll need to place a notice for the divorce in a local newspaper for at least six weeks. If their spouse doesn’t respond the judge will grant the divorce after the designated waiting period.
Adultery as a Divorce Ground
To use adultery as the divorce grounds, the petitioner must show the court evidence of a romantic relationship. They must prove that their spouse participated in an extramarital affair by submitting phone records, photographs, email communications, or video feeds. The only alternative is for their spouse to sign an affidavit swearing that these statements are true. However, if the spouse doesn’t respond to the divorce summons, the judge could grant the divorce based on a default judgement.
Domestic Violence or Inhumane Treatment
Domestic violence or inhumane treatment may require additional steps. The petitioner must file formal criminal charges against their spouse. Evidence of these charges could grant them a protection order to prevent further injuries. If the spouse is a significant threat to the petitioner or their children, the court may provide the petitioner with child custody and an extension of the protection order. Visit website for more info.
Pennsylvania divorce petitioners should assess the grounds available to them. The circumstances of their divorce may dictate how they proceed with their case. By choosing fault-based grounds, the petitioners may be required to present evidence to support their claim. Petitioners who need to hire a Divorce Lawyer Scranton PA should contact John T. O’Malley Attorney At Law for more information or to schedule an appointment today.