Pennsylvania was one of the last states to pass no-fault divorce, and it is one of the first to reconsider it. The excuse being given by the recidivist, right-wing elements is the protection and revival of “traditional family values.” The situation demands a thorough analysis as to whether this trend is backed by a genuine concern for family welfare or is merely an attempt at removing legal alternatives for people, and especially women trapped in bad or abusive marriages. In August 1996, the Judiciary Committee of the Pennsylvania House held hearings and became one of the first states to consider amending or possibly repealing its no-fault divorce laws.

In Pennsylvania, a divorce can be obtained on either “fault” or “no-fault” grounds. However, in order to file a divorce in Pennsylvania, certain requirements are to be met. These requirements are as follows:

Either spouse must be a resident of the state of Pennsylvania for at least six months prior to filing. A proceeding for divorce or annulment may be brought in the county 1) where the defendant resides; 2) if the defendant resides outside of this Commonwealth, where the plaintiff resides; 3) of matrimonial domicile, if the plaintiff has continuously resided in the county; 4) prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides; or 5) after six months after the date of final separation, where either party resides.( Pennsylvania Consolidated Statutes- Title 23-Sections: 3104)

The Complaint for Divorce is the initial document filed with the Pennsylvania court. In this document, a request is made to terminate a marriage under certain specific grounds. The appropriate grounds for filing a divorce in Pennsylvania are as follows:

§ 3301 Grounds for divorce

(a) Fault: The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has:

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

(2) Committed adultery.

(3) By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse.

(4) Knowingly entered into a bigamous marriage while a former marriage is still subsisting.

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

(6) Offered such indignities to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.

(b) Institutionalization: The court may grant a divorce from a spouse upon the ground that insanity or serious mental disorder has resulted in confinement in a mental institution for at least 18 months immediately before the commencement of an action under this part and where there is no reasonable prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action.

(c) Mutual consent: The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.

(d) Irretrievable breakdown:

(1) The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken and the defendant either:

(i) Does not deny the allegations set forth in the affidavit.

(ii) Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken.

(2) If a hearing has been held pursuant to paragraph (1) (ii) and the court determines that there is a reasonable prospect of reconciliation, the court shall continue the matter for a period not less than 90 days and no more than 120 days unless the parties agree to a period in excess of 120 days. During this period, the court shall require counseling as provided in section 3302 (relating to counseling). If the parties have not reconciled at the expiration of the time period and one party states under oath that the marriage is irretrievably broken, the court shall determine whether the marriage is irretrievably broken. If the court determines that the marriage is irretrievably broken, the court shall grant the divorce. Otherwise, the court shall deny the divorce.

(e) No hearing required in certain cases: If grounds for divorce alleged in the complaint or counterclaim are established under subsection (c) or (d), the court shall grant a divorce without requiring a hearing on any other ground.

In Pennsylvania a mutual consent no-fault divorce takes about four to five months. On the contrary, a contested divorce can last for years with the average contest lasting a year or more.

Pennsylvania State has a divorce rate of 3.0 per thousand population. It is relatively low and quite below the median point which makes it 6th lowest in the country.