Every year, thousands of Pennsylvanians marry, hoping it will be a permanent union. Unfortunately, that doesn't always happen. Sometimes, a spouse's behavior can create so much stress or pain for the other partner that the marriage can no longer continue. When that happens, the aggrieved spouse may seek what is known as an “at-fault” divorce. However, at-fault divorces can be contentious and complicated regarding child custody issues.
Are you a Pennsylvania resident seeking an “at-fault” divorce? Or perhaps you just found out your spouse is seeking an “at-fault” divorce? Emotions can run high when courts parse out blame for a failed marriage. That's especially true if child custody issues are in play. You have rights. Having experienced, compassionate representation is crucial in these situations. Call the Family Law Team of the LLF Law Firm at 888-535-3686 or contact us online today.
At-Fault and No-Fault Divorces in Pennsylvania
Divorce can be a complicated process under the best of circumstances. This is why some states, such as California, have laws mandating that all divorces are “no-fault” and the assets accumulated during the marriage be split equally between the two parties. However, Pennsylvania's divorce laws recognize that some marriages break down due to bad behavior(s) by one or both partners, which is why it allows “at-fault” and “no-fault” divorces.
Couples can take the no-fault divorce option when they both agree that the marriage is broken beyond repair, but neither partner has acted in a way that injured the other or caused the marriage to fail. In no-fault divorces, the divorcing couple (and their attorneys) can negotiate the allocation of the marital assets. Although no-fault divorces can become contested if couples can't agree on asset distribution, they are generally more amicable than at-fault divorces.
At-fault divorces, on the other hand, are much more likely to result in acrimony and tension between the parties. That's because, in a no-fault divorce case, one (or both) spouse(s) is blaming the other's conduct for the failure of the marriage. In an at-fault divorce, the court can grant a divorce decree without the consent of the other spouse, which would be necessary in a no-fault or uncontested divorce.
What Are the Legal Grounds for an At-Fault Divorces?
Under Pennsylvania law, several behaviors and actions qualify as grounds to grant an at-fault divorce to the injured spouse. Those behaviors are:
- Infidelity
- The vacating of the marital home or intentional absence from the marital home “without reasonable cause” for one or more years
- Abusive treatment that jeopardized the mental or physical well-being of the injured spouse
- One spouse being convicted of a crime and sentenced to serve two or more years in prison
- One spouse attempting to, or entering a second marriage, when the original marriage is still valid (bigamy)
- Repeated mistreatment or behaviors that are so improper that they make the injured spouse's life “intolerable”
Financial Consequences of At-Fault Divorces
In a no-fault or uncontested divorce, the divorcing spouses agree on the distribution of marital assets and debts, usually with the assistance of their attorneys. However, in at-fault divorces, the party initiating the action can seek spousal support based in part on the pain and suffering they endured during the marriage. That decision will be made by the family court judge who grants the divorce decree.
The support award will be based on several factors, which include:
- The amount of injury inflicted on the party seeking the divorce (or that the partners inflicted on each other)
- The spouse's financial needs after the divorce
Child Custody in No-Fault Divorces
Child custody can be a contentious issue, even in no-fault divorces. When it comes to no-fault divorces, the intensity of this conflict can be magnified almost exponentially. There are several reasons for this. The first and most obvious reason is that no parent wants to be separated from their children. Even when custody arrangements are shared, it's difficult for both spouses to adjust to life without their children.
Second, the courts will have the final decision on child custody, and the court's custody decision will impact the financial settlement of the divorce. According to Pennsylvania's child custody laws, if the spouse who is granted custody of the children is also ordered to pay spousal support, the support award may be reduced based on the custodial arrangement. Third, the attorneys for both spouses will have to make cases for why their client should be awarded custody.
Both parties are essentially trying to paint the other parent as being unworthy or unfit to have primary custody of the child. This is an adversarial process that often involves each spouse's attorneys revealing private and potentially embarrassing details about the other spouse in a public setting. It is not uncommon for disturbing allegations to be made during child custody cases, and the families of both spouses are often involved as witnesses.
Finally, child custody is usually a zero-sum game in at-fault divorces. After all, anyone who is seeking an at-fault divorce has reached a point where they believe their spouse has inflicted so much harm that they are no longer fit to be a marital partner. It stands to reason that they would no longer believe their spouse is fit to be a full-time custodial parent. That means they will likely seek sole custody.
The court's final child custody ruling will not only impact the divorcing spouse's finances, but the custody arrangements are essentially permanent. The custody issue may be modified if major circumstances change for either parent down the line, but apart from that, the court's decision is final. All these factors come together to make child custody a difficult issue in at-fault divorce cases.
How Are At-Fault Divorce Cases Decided?
The dissolution of any marriage is always difficult, but it can be incredibly disorienting and shocking to find out that your spouse is seeking an at-fault divorce. One day, you are married, and the next day, a process server gives you papers advising you that your spouse wants a divorce because your behavior has injured them to such an extent that they no longer want to be married.
Worse yet, the divorce papers are part of public record and usually include some very serious allegations of bad behavior on your part. It's important to realize that these are still just allegations. Another thing to consider is that the allegations in an at-fault divorce filing are made with the assistance of opposing counsel. Their job is to create a picture of you as an unfit spouse whose behavior destroyed your marriage.
Remember that no matter how serious the allegations are in an at-fault divorce petition, you have the right to a legal defense. Exercise it. Regardless of whether you believe your marriage is retrievable, it's in your best interest to hire an experienced, competent divorce attorney with a track record of winning at-fault divorce cases. The Family Law Team at the LLF Law Firm brings those assets to the table.
Contrary to what many people may believe, there are potential defenses in at-fault divorce cases. Those defenses include, but are not limited to, the following:
- Mutual bad behavior- if you can prove that your spouse shares responsibility for the dissolution of your marriage based on their bad behavior (such as having an affair or being emotionally and physically abusive), the court may not rule that you are solely at fault for the divorce
- Prior approval or forgiveness-if you can demonstrate the allegations in your spouse's at-fault divorce petition reference behavior that they already approved explicitly or tacitly in the past (e.g., using infidelity or adultery as grounds when you had an open marriage), the court may not rule you are totally at fault
- False allegations-if you can prove that your spouse's allegations are false or without merit, the judge may grant the divorce without ruling you at fault
Child Custody Decisions in At-Fault Divorces
One thing that's important to realize is that despite what opposing counsel or your spouse alleges, the fact that you may not have been a perfect spouse does not automatically mean you are not fit to have custody of your children. In cases where abuse is alleged and then established in the legal process, courts will certainly factor that into custody decisions.
However, if your spouse is seeking at-fault divorce on the grounds of infidelity, that alone may not be grounds to grant them custody of your children. Family court judges in at-fault divorce cases prioritize the child's long-term welfare when making custody decisions. That means you have the opportunity to get a favorable custody ruling, but this is where the quality of your legal representation becomes critical.
Why Call the Family Law Team at the LLF Law Firm At-Fault Divorce Cases
The Family Law Team at the LLF Law Firm has successfully argued child custody cases in family courts all over Pennsylvania. Our team understands how to build a case for you as a parent that will resonate with the court. We will call witnesses on your behalf and, when necessary, challenge the veracity of the claims made against you. Our team can also demonstrate that divorce is often a two-way street, and the failure of the marriage is not solely your fault.
Our main goal is to give you the best possible chance of a positive outcome in your custody case. That process starts with ensuring that your case paperwork is filed in a manner that is fully compliant with the court's requirements. This is why it's important to contact us immediately after learning your spouse wants an at-fault divorce.
Our Client-Centered Approach
For us, every child custody case starts with empathy. Divorce can be a long and difficult process, but our primary concern is for you and your child's well-being. There is no one-size-fits-all approach here. We will work collaboratively with you to gain an understanding of your ideal outcome, something which is different in every case. Whether it's shared custody or sole custody, we can craft a plan that maximizes your chances of achieving that outcome.
More importantly, we will use all legal means at our disposal to defend your custodial rights. If that means we need to be confrontational with opposing counsel or aggressively challenge the credibility of a witness against you, we will do that. You are more than just a case file to us. Many of our attorneys and support staff have children of their own, so we understand how much getting an equitable custody arrangement means to you and your child.
At Fault Divorce Doesn't Have to Mean Losing Custody of Your Child
No one ever wakes up thinking today will be the day they get served with divorce papers holding them responsible for the destruction of their marriage. If this happens to you, your choice of attorney will be one of the most important decisions you'll ever make. At the end of this process, we want you to look back at your decision to hire us the day you first began to see light at the end of the tunnel.
Our team will demonstrate to the court why making fair and equitable custody arrangements is in your child's best interests. An at-fault divorce case may come as a surprise, but it doesn't have to result in losing custody of your child. That's true even if you weren't the perfect spouse. You and your child deserve quality representation.
There are two sides to every at-fault divorce, but you will only get one chance to defend your child custody rights. When your relationship with your child and your ability to even see them on an everyday basis hang in the balance, a high-quality legal defense can make the difference between winning and losing. Call the Family Law Team at the LLF Law Firm at 888-535-3686 or contact us online today.
