What is marital misconduct?

Marital misconduct is a broad concept used in Pennsylvania divorce law to refer to any inappropriate behavior by either spouse that affects the marriage negatively. This can include physical, emotional, and sexual abuse, as well as other actions that can damage the relationship, such as infidelity or neglect. When filing for divorce in Pennsylvania, both spouses must list the grounds for divorce. Marital misconduct may be listed as grounds for the divorce. If one spouse accuses the other of marital misconduct, the accused spouse is typically allowed to respond and explain their side of the story. In some cases, marital misconduct may have an impact on the divorce proceedings, such as when it comes to alimony or division of money and property, as the courts may award a greater share of the marital property or alimony to the spouse who was wronged. However, the courts will take a variety of factors into consideration, so the degree to which marital misconduct influences the final outcome varies from case to case. It is important to note that in Pennsylvania, marital misconduct is not considered a fault-based divorce. That means that if both parties agree to the divorce, it can be granted without either party having to list reasons for the divorce. However, if one spouse does list marital misconduct as grounds for the divorce, the court may take it into account when making decisions about the divorce.

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