Pennsylvania divorce laws

Where and how to file in Pennsylvania

Who can file (residency)

At least one spouse must have been a real (bona fide) Pennsylvania resident for at least 6 months right before filing.

Waiting period

Mutual consent divorce: at least 90 days after the case starts, and both spouses file consent affidavits. Irretrievable breakdown without consent: you must have lived separate and apart for at least 1 year. Either spouse can ask for up to 3 counseling sessions.

Court

Court of Common Pleas in the county where either spouse lives (file with the Prothonotary)

Court self-help

Divorce self-help (Pennsylvania courts)

Filing fee

Check with your court

If you can't afford the fee

Petition to Proceed In Forma Pauperis (Pa.R.C.P. 240), filed with your county Prothonotary.

Simpler process for agreed cases

Mutual consent divorce (23 Pa.C.S. 3301(c)): if you both sign consent affidavits, the decree can be entered 90 days after the case starts, usually without a hearing.

Law

23 Pa.C.S. 3104(b) · 23 Pa.C.S. 3301(c), (d); 3302

Divorce in Pennsylvania, step by step

1. Check that you can file in Pennsylvania

   At least one spouse must have been a real (bona fide) Pennsylvania resident for at least 6 months right before filing.

2. Get the official forms

   Use the court's official divorce forms: Divorce forms (Pennsylvania courts) Mutual consent divorce (23 Pa.C.S.

3. File the papers and pay the fee, or ask for a waiver

   File with the Court of Common Pleas in the county where either spouse lives (file with the Prothonotary). Can't afford it? Petition to Proceed In Forma Pauperis (Pa.R.C.P.

4. Serve your spouse

   The complaint must be served on your spouse (personally by an adult who is not you, or by certified mail, restricted delivery, under the Pa. Rules of Civil Procedure for divorce).

5. Your spouse responds

   The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

6. Wait out the waiting period

   Mutual consent divorce: at least 90 days after the case starts, and both spouses file consent affidavits.

7. Agree, or go to mediation or a hearing

   Not required statewide; some counties require a custody orientation or mediation session by local rule. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

8. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes, and it's simple: any party to a divorce can go back to any prior surname, before or after the decree, by filing a written notice with the Prothonotary in the county of the divorce case.

Free tools for Pennsylvania

Pre-set for Pennsylvania. They run in your browser and send nothing.

Divorce timeline estimator for Pennsylvania

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Grounds for divorce in Pennsylvania

No-fault ground

irretrievable breakdown (by mutual consent after 90 days, or after 1 year living separate and apart)

Fault grounds

Also allowed

Living apart first

Only if your spouse won't consent: 1 year living separate and apart.

Law

23 Pa.C.S. 3301 (fault: desertion 1 year, adultery, cruel and barbarous treatment, bigamy, imprisonment 2+ years, indignities; also institutionalization 18 months)

Property and debts in Pennsylvania

System

Equitable distribution

The rule

If either spouse asks, the court divides marital property fairly, without regard to marital misconduct, using factors like length of marriage, income, earning ability, contributions (including as homemaker) and the needs of each spouse.

Law

23 Pa.C.S. 3502(a)

Alimony (spousal support) in Pennsylvania

The court may award alimony after the divorce only if it finds alimony is necessary, and sets its nature, amount and length by weighing factors such as earnings, ages and health, length of marriage, standard of living, custody of children and marital misconduct. No formula for post-divorce alimony (temporary spousal support and alimony pendente lite use the support guidelines). 23 Pa.C.S. 3701.

Children: custody and support in Pennsylvania

What Pennsylvania calls custody

custody (legal and physical; shared, primary, partial custody)

Child support agency

Pennsylvania Department of Human Services, Child Support Program

Serving your spouse in Pennsylvania

How your spouse gets the papers

The complaint must be served on your spouse (personally by an adult who is not you, or by certified mail, restricted delivery, under the Pa. Rules of Civil Procedure for divorce).

Law

Pa.R.C.P. 1920.4

Going back to a former name in Pennsylvania

Yes, and it's simple: any party to a divorce can go back to any prior surname, before or after the decree, by filing a written notice with the Prothonotary in the county of the divorce case. 54 Pa.C.S. 704.

Mediation in Pennsylvania

Not required statewide; some counties require a custody orientation or mediation session by local rule.

Free help in Pennsylvania

• Unified Judicial System of PA: Representing Yourself
• PALawHelp.org (legal aid directory)

Good to know in Pennsylvania

• With mutual consent you can be divorced 90 days after filing; without consent you need 1 year of separation. (23 Pa.C.S. 3301)
• You can resume a prior surname at any time just by filing a notice with the Prothonotary. (54 Pa.C.S. 704)
• Marital misconduct doesn't affect property division, but it is an alimony factor. (23 Pa.C.S. 3502, 3701)

Divorce checklist for Pennsylvania

Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.

Questions about divorce in Pennsylvania

Other states