Filing for divorce triggers a cascade of major changes. Spouses already dealing with a tense marital situation may worry that if they file and are unsuccessful, the situation may only worsen.
Therefore, people hoping to pursue divorce generally want to ensure that they qualify and can complete the process as quickly and smoothly as possible. Some people worry that they may have to pay for a private investigator to follow their spouse or that they don’t have adequate evidence of qualifying circumstances to legally end a marriage.
What evidence is necessary to initiate divorce proceedings?
The filing spouse has options
Pennsylvania recognizes both no-fault and fault-based divorces. A large percentage of modern divorces involve no-fault filings. The spouse initiating the divorce process asserts that the marital relationship has broken down to a point where it is no longer salvageable.
They typically do not need any evidence to make that claim in family court. However, evidence may be necessary if the goal is to file a fault-based divorce. Pennsylvania currently recognizes multiple grounds for fault-based divorces.
Those grounds include:
- Adultery
- Bigamy (marrying a new spouse while already married)
- Abuse (cruel and barbarous treatment)
- Imprisonment
- Institutionalization lasting 18 months
- Abandonment
Court records from criminal convictions, medical records, private recordings and other evidence can help validate claims of abuse, incarceration, pre-existing marital relationships or adultery. Pursuing a fault-based divorce can provide emotional vindication but can also increase the timeline for divorce and the overall expense involved.
People exploring their options at the end of a marriage may need to discuss why they want to divorce and their goals with an attorney. Preparing carefully often requires making an informed decision about the grounds selected when filing for divorce.