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mousey

Junior Member
What is the name of your state (only U.S. law)? PA

Is it common for a lawyer to ask for an autobiography of events leading to the demise of the marriage? Being that PA is a no-fault state, what good would providing the horrible details do?
 


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Proserpina

Senior Member
mousey said:
What is the name of your state (only U.S. law)? PA

Is it common for a lawyer to ask for an autobiography of events leading to the demise of the marriage? Being that PA is a no-fault state, what good would providing the horrible details do?
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Depends if custody and/or spousal support are going to be considerations..

PA still allows for "fault" divorces.

Divorce is the ending of a marriage ordered by a court., In Pennsylvania there are two types of divorce: fault and no-fault. The fault grounds for divorce in Pennsylvania are:
1. Willful and malicious desertion and absence from the marital home, without a reasonable cause, for the period of one (1) or more years.
2. Adultery
3. Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable.
4. Knowingly entering a bigamous marriage while a former marriage is still existing.
5. Sentenced to imprisonment for a term of two (2) years upon conviction of having committed a crime.
6. Imposed such indignities on the innocent spouse as to render that spouse's condition intolerable and life burdensome.
7.Insanity or serious mental disorder which has resulted in confinement in a mental institution for at least eighteen (18) months immediately before the filing of the complaint, and where there is no reasonably prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action.

All fault divorces require court testimony and an appearance by the client. No-fault divorces do not require a court appearance.
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mistoffolees

Senior Member
mousey said:
What is the name of your state (only U.S. law)? PA

Is it common for a lawyer to ask for an autobiography of events leading to the demise of the marriage? Being that PA is a no-fault state, what good would providing the horrible details do?
Click to expand...
I suspect that it's to prove 'fault'. There are at least four reasons to prove fault, even though a divorce can be obtained via a no-fault divorce:

1. Timing. No fault divorce requires 2 years of separation if the parties do not agree and 90 days even if they do agree. A fault divorce does not require any separation time.

2. Property division. PA is an equitable distribution state, so actions prior to the divorce can affect the property division

3. Child custody. Child custody is based on what is best for the child(ren). In some cases, there is no link between what caused the breakdown of the marriage and what is best for the kids (adultery, for example, is not usually relevant in custody determinations if the parent was discreet), but in some situations, it CAN be relevant (abuse, for example).

4. Alimony. Behavior of the spouse paying alimony can be a factor. Under some circumstances, behavior of the 'recipient' can eliminate their chance to receive alimony.

If it is YOUR attorney asking, feel free to provide the information.

If you are being asked all those questions by your stbx's attorney, do NOT answer until you have consulted with your own attorney.
 
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