What If Your Spouse Refuses to Get Divorced?

When both spouses agree to divorce in Pennsylvania, the process can move fairly quickly. Both spouses file affidavits requesting a divorce; the law requires a 90-day waiting period, and after that, if you have come to a settlement on separation of property and parental rights, you may complete your divorce.

However, sometimes a spouse does not agree to the divorce. If this happens, don’t worry — you can still get divorced. The state of PA will not require a spouse to be stuck in an unhealthy marriage. In such cases, you have two choices: irretrievable breakdown or fault-based divorce.

Irretrievable breakdown

Irretrievable breakdown can be demonstrated to the court if you can show evidence that you have been living separately and not functioning as a married couple for at least a year. In the event that your spouse refuses to leave the family home, you have two options:

• Demonstrate that you have been living separate lives in the same house (separate rooms, not eating together, not sharing finances, not appearing as a couple in public)
• Petition the court for exclusive possession of the family home under PA C.S. 3502(c)

Fault-based divorce

PA is one of only a few states that provide a fault-based divorce option. Under PA C.S. 3301(a), a spouse may seek a divorce based on certain behaviors by the other spouse. These grounds include:

1)  Willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years

(2)  Adultery

(3)  Cruel and barbarous treatment that endangers the life or health of the injured and innocent spouse

(4)  Knowingly entering into a bigamous marriage while a prior marriage is still valid

(5)  A sentence to imprisonment for a term of two or more years upon conviction of having committed a crime.

(6)  Indignities offered to the innocent and injured spouse that rendered that spouse’s condition intolerable and their life burdensome.

PA C.S. 3301(b) also defines institutionalization for mental health reasons for at least 18 months with no reasonable hope for discharge as grounds for divorce.

Handling a contested divorce

Your spouse does not need to give approval for the divorce, but he or she may make things more emotionally difficult for you and can delay the process. Stay calm. Minimize communication with your spouse and allow us to handle communications moving forward. At Karen Ann Ulmer P.C., we protect our clients’ rights when dealing with an uncooperative spouse. We know what legal steps to take to secure your divorce and to ensure you receive a beneficial settlement. Request a confidential consultation today by calling (866) 349-4721 so we can get started right away.