What evidence do I need to show I left the marital home for just cause? - Pennsylvania
The Short Answer
In Pennsylvania, whether you had “just cause” (i.e., a reasonable cause) to leave the marital home most often matters when the other spouse claims you “deserted” them—either in a fault-based divorce claim or in certain inheritance/estate disputes. The evidence you need is typically proof of why you left (safety, abuse, serious mistreatment, or other compelling reasons) and proof that your departure was not a willful, unjustified abandonment of the marriage.
What Pennsylvania Law Says
“Just cause” comes up in Pennsylvania when a spouse alleges willful and malicious desertion without reasonable cause. If your spouse claims you left without reasonable cause, your goal is to show the court there was a legitimate reason you could not safely or reasonably remain in the home, and that your separation was not an unjustified abandonment.
The Statute
The primary law governing this issue is 23 Pa.C.S. § 3301.
This statute provides that a court may grant a fault-based divorce where a spouse has committed willful and malicious desertion and absence from the marital habitation, without reasonable cause, for at least one year.
“Just cause” can also matter after a spouse’s death in certain probate situations, because Pennsylvania law can bar a deserting spouse from inheriting if they willfully and maliciously deserted the deceased spouse for at least a year before death. See 20 Pa.C.S. § 2106.
Why You Should Speak with an Attorney
While the statute states the general rule, proving (or disproving) “reasonable cause” is fact-intensive and often turns on credibility and documentation. Legal outcomes often depend on:
- Strict Deadlines: Desertion-based claims commonly hinge on a one-year period (for divorce under 23 Pa.C.S. § 3301 and for forfeiture issues under 20 Pa.C.S. § 2106), and the timeline details can make or break the claim.
- Burden of Proof: Courts usually want objective support for your reason for leaving—such as police reports, PFA filings, medical records, texts/emails, witness statements, photos, or other contemporaneous documentation showing abuse, threats, harassment, substance abuse issues, or other serious conditions in the home.
- Exceptions and Context: The same facts can be interpreted differently depending on whether the issue is a fault-divorce allegation, a defense to “desertion,” or a probate dispute about inheritance rights. The way evidence is framed and corroborated matters.
Trying to handle this alone can lead to damaging admissions, missing documentation, or a record that doesn’t clearly show “reasonable cause.” A Pennsylvania attorney can evaluate which facts actually matter under the statute and help present them in a way that protects your divorce and/or estate rights.
If you’re dealing with related issues, you may also find these helpful: Do I still have inheritance rights in Pennsylvania if we separated but never divorced? and Can an adultery accusation affect my divorce in Pennsylvania?.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.