Montgomery County has a different procedure regarding grounds for divorce and equitable distribution matters. Once grounds are established and discovery is complete, the moving party should file a Motion for Entry of Grounds and Appointment of an Equitable Distribution Master. The moving party will now have to pay a $400 fee at the time the Motion is filed. The Motion must certify that all discovery is complete. A list of all the assets and debts at issue along with their corresponding values must also be included. Finally, the initial pre-hearing statement should be attached including a completed Inventory and Appraisement. Once the Motion and all its required accompaniments are filed, a copy of the same should be served on the other party. A Certificate of Service should then be completed and filed with the court.
The divorce rate reached an all time high in the 1970's due to the introduction of no-fault divorce. A no-fault divorce meant that the parties could get a divorce without having to prove any wrong-doing in court. Essentially, all the parties have to do for a no-fault divorce is indicate the marriage is over. Prior to the influx of no-fault divorce, parties had to prove that the requirements for a fault divorce were met. Fault grounds for divorce in Pennsylvania include desertion, adultery, cruel and barbarous treatment, bigamy, imprisonment, and indignities. The majority of divorces will go through on the basis of no-fault since it is easier to litigate and often times there is no benefit in the outcome of the divorce to pursuing a fault ground for a divorce.