What Evidence Proves I Had Just Cause to Leave the Marital Home in Pennsylvania? | Pennsylvania Probate | FastCounsel
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What Evidence Proves I Had Just Cause to Leave the Marital Home in Pennsylvania?

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.

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

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.