No way to know what will come of this an anon diesn't know if it's even been tried before, but should be interesting to watch. The guy has excellent points.
Pennsylvania Dad Makes Constitutional Challenge against No-fault Divorce
On February 27, a Pennsylvania husband and father of two is schedule to appear in front of divorce Judge Michele Varricchio in Allentown to discuss his challenge to the constitutionality of unilateral no-fault divorce. Ryan Pankoe and his wife were married in 2009 and have two sons. In Lehigh County Court, in Allentown PA, his wife filed no-fault divorce asking the Judge to “equitably divide all marital property” and give her “sole legal custody and primary physical custody of their two sons.”
On January 18, Ryan filed his Motion for Summary Judgement wherein he argues that it is unconstitutional for his state’s legislators to enacted statutes that give all plaintiffs automatic victory in every divorce case.
His motion says Pennsylvania case law shows that whenever plaintiffs’ “testimony unequivocally indicates that [they] no longer desire to be married,” the court favors every plaintiff and there is no defense against a divorce complaint. Another case quoted shows that if a plaintiff has an “attitude that reconciliation is not possible,” the plaintiff wins every time.
The Constitution of Pennsylvania cannot be undermined by the legislators, and Ryan argues in his Motion for Summary Judgement that the no-fault divorce statues, on their face, are unconstitutional because the Constitution requires divorce actions to be judicial proceedings. The problem is that no-fault divorce statues result in divorce cases NOT being judicial proceedings. Certain elements are required for a proceeding to actually be judicial and when those elements are missing, proceedings run afoul.
Moar at sauce:
http://marysadvocates.org/pennsylvania-dad-makes-constitutional-challenge-against-no-fault-divorce/