Pennsylvania · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Pennsylvania

What couples who agree need to know in Pennsylvania: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the fee waiver and mediation.

In short

When both spouses agree, this is the route in Pennsylvania. Mutual consent divorce (23 Pa.C.S.

Who can file (residency)
6 months
Waiting period
See the rule
Filing fee
Check with your court

Who can use the process for agreed cases in Pennsylvania

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.

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

Forms, fees and filing in Pennsylvania

Court self-help
Divorce self-help (Pennsylvania courts)
If you can't afford the fee
Petition to Proceed In Forma Pauperis (Pa.R.C.P. 240), filed with your county Prothonotary.

If you agree on only some issues

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

An uncontested 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. See if you qualify for the simpler process

    Mutual consent divorce (23 Pa.C.S.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Pennsylvania courts)

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

    Can't afford it? Petition to Proceed In Forma Pauperis (Pa.R.C.P.

  5. Have your spouse sign or be served

    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).

  6. Wait out the waiting period

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

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Pennsylvania

Is there a simplified divorce for agreed cases in Pennsylvania?

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.

How long does an uncontested divorce take in Pennsylvania?

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.

Who can file for an uncontested divorce in Pennsylvania?

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

Is mediation required in Pennsylvania?

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

More about divorce in Pennsylvania

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.