The new legislation would eliminate “fault-based” divorce in the Commonwealth and allow pregnant non-Pennsylvanians to get a divorce here.

Harrisburg, Pa. − October 23, 2024 − To ensure domestic violence survivors and pregnant people have a pathway to divorce, Senator Maria Collett (D-12 Montgomery) plans to introduce legislation to reform Pennsylvania’s antiquated divorce laws, removing “fault-based” provisions and drastically reducing wait times.

“In the wake of the disastrous and destabilizing Dobbs decision, and with right-wing politicians like Speaker Mike Johnson and Senator J.D. Vance speaking out against no-fault divorce, we must act at the state level to defend women’s autonomy and safety,” Senator Collett said. “My legislation will eliminate fault-based divorce and even create a pathway for pregnant non-Pennsylvanians to process their divorce proceedings here in the Commonwealth.”

At least four states restrict divorce during pregnancy by law or by practice, including Texas, Arizona, Missouri, and Arkansas. Three of those states have near total abortion bans – a dangerous and sometimes deadly combination. In the United States, homicide is the leading cause of death for pregnant or postpartum women.

Pennsylvania law currently provides two pathways for seeking a divorce based on “fault” or “no-fault” grounds. Fault-based divorce only allows divorce proceedings to occur after evidence is supplied that a member of the relationship is at fault for the marriage failing. Evidence shows that eliminating fault-based divorce reduces female suicide rates, domestic abuse, and homicide of women by intimate partners.

Senator Collett’s legislation would also remove the mandatory counseling requirement between parties and reduce the time they must wait to finalize a divorce, making the process less burdensome.

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