When it comes to putting an end to a marriage, there are two legal actions available in Pennsylvania: divorce and annulment. While both result in the dissolution of a marriage, they have distinct processes and convey different stories about the relationship’s history.
Divorce: Dissolving Marriages in Pennsylvania
The most common method of terminating a marriage in Pennsylvania is through divorce. Divorce not only puts an end to the marriage but also restores both parties to their single status. During a divorce, the court addresses various aspects concerning the marriage, such as property division, child custody, and spousal support.
Grounds for Divorce in Pennsylvania
Pennsylvania recognizes both fault and no-fault divorces. No-fault divorce, which is more prevalent, acknowledges that the marriage has irretrievably broken down and that neither party is at fault. In this type of divorce, the court does not require proof of fault.
However, fault-based divorce still exists in Pennsylvania. This type of divorce occurs when one party is responsible for the marriage’s breakdown. Pennsylvania acknowledges several fault grounds for divorce, including adultery, cruel and barbarous treatment, and desertion.
Annulment: A Different Route in Pennsylvania
An alternate path to ending a marriage in Pennsylvania is through annulment, although it is not always possible. An annulment essentially declares that the marriage never existed, creating a legal fiction.
Grounds for Annulment in Pennsylvania
Unlike divorce, not everyone can pursue an annulment. There are specific criteria that must be met for an annulment to be considered in Pennsylvania. Grounds for an annulment include:
- One of the parties was already married at the time of the marriage in question.
- The parties are closely related by blood.
- One of the parties was under the age of 18 at the time of the marriage.
These grounds for annulment make it relatively rare compared to divorce.
Conclusion: Choosing the Right Path
Divorce and annulment are two distinct options for ending a marriage in Pennsylvania. While divorce is more commonly pursued, annulment may be available under certain circumstances. It is crucial to understand the differences between divorce and annulment and consult with legal experts who can guide you on the best course of action based on your individual situation. Considering the specific procedures and requirements of each, making an informed decision will lead to an outcome that best suits the parties involved.