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A party filing on Fault grounds must establish one of six categories: Desertion, Cruel and Barbarous Treatment, Bigamy, Incarceration, Indignities or Adultery.While the Fault option is available, most parties do not file for divorce on fault grounds for a couple reasons.APL is a temporary support order granted to a party while divorce litigation is pending.The intention of an APL award is to provide both parties an equal opportunity to litigate, maintain and defend the divorce action.Additionally, any property excluded by an agreement, for example a pre-nuptial agreement, is also excluded from marital property.Parties must submit a compete list of their assets in an Inventory and Appraisement pleading.
Alimony is an order of support granted upon the decree of divorce.
The important difference between Alimony Pendente Lite and spousal support is that there are defenses to the dependent spouse’s entitlement to receive spousal support.
Those defenses are the same as fault grounds for divorce.
Parties generally establish separation by cessation of a sexual relationship, separation of finances and holding out to the community that they are indeed living separate and apart.
When it comes to the division of property pursuant to a divorce action, Pennsylvania is an Equitable Distribution state.
Therefore, most parties opt to file for divorce on No Fault grounds, which can be established either by mutual consent of both parties or by a unilateral action taken by one party where the couple has lived separate and apart for a period of one year.