Pennsylvania divorce law doesn’t need to be a mystery. Here’s how to file for divorce and what to expect throughout the process.
Find out more about divorce
by Miles Almadrones
Miles is a legal writer and content marketing specialist with a background in operations management and logistics. He.
Updated on: August 28, 2024 · 11 min read
The official process of filing for divorce in Pennsylvania starts with deciding on the grounds for divorce (if any at all). While the process can be straightforward in uncontested cases, you might need to take additional steps if your spouse disputes the terms or doesn’t cooperate throughout the negotiations.
To help you prepare, we’ll explain the core Pennsylvania divorce laws and how to initiate the separation process as the filing spouse.
In order to file for divorce in Pennsylvania, either you or your spouse must be a Pennsylvania resident for at least six months according to PA Title 23, Chapter 31. You can prove residency with a valid Pennsylvania driver’s license, utility bills, lease or mortgage agreements, or other documents accepted by the court.
You will need to file in the Court of Common Pleas in the county where:
After filing the Complaint, along with any county-specific divorce forms, you must serve the documents to your spouse within 30 days if they’re a PA resident or 90 days if they live in another state.
Grounds for divorce are legally recognized reasons to get a divorce. Pennsylvania, like most states, has what are commonly called no-fault grounds for divorce and several traditional fault-based grounds.
Here’s how each type works:
A no-fault divorce means neither spouse must prove or cite any reason for the marriage’s failure. This type is typically easier, less expensive, and less contentious—especially if you and your spouse can resolve significant issues amicably. To get a no-fault divorce in Pennsylvania, you need to state one of the two no-fault grounds in the Complaint:
If you and your spouse agree to the divorce and can compromise on terms, consider filing for an uncontested divorce, as it’s usually the fastest way to dissolve a marriage.
An at-fault divorce requires one spouse to prove the other spouse is responsible for the breakdown of the marriage. The grounds for fault-based divorce include the following:
At-fault divorces are generally more complex since they require substantial evidence supporting the claims, which can make the process contentious and likely more expensive. In most cases, couples opt for no-fault divorce to avoid these complications.
Still, at-fault divorces are sometimes necessary. For instance, if your spouse doesn’t agree to the divorce or cooperate with your attempts to resolve disputes, you might need to get the court involved as a last resort. There’s also no waiting period for at-fault divorces in Pennsylvania, which expedites the process and might encourage reluctant spouses to negotiate.
When you’re ready to file for divorce, you can follow these steps to begin the process:
While not legally required, it’s a smart idea to consult a divorce attorney in your area, especially if your separation involves disputes, complicated assets, or child custody issues.
An experienced divorce attorney can do the following:
Even if you’re considering a no-fault or amicable divorce, you should still consider speaking with an attorney to ensure the final terms work in your best interests to the full extent of the law. Many divorce attorneys offer free or low-cost initial consultations—you can also browse LegalZoom’s online directory to find one near you.
The exact divorce forms you’ll need can vary depending on your situation and the county where you’re filing. However, there are some standard documents required in all Pennsylvania divorces, including the following:
After you’ve gathered all the required forms, carefully read through the instructions, find any supporting documents (such as your marriage certificate or financial records), and complete each one. You’ll then need to make two copies of each form.
Once you’ve prepared and made copies of your divorce papers, you can file them in the appropriate court in your chosen county—typically the Prothonotary’s office or the Court of Common Pleas. The clerk will time-stamp all copies, keep the original, and give you the two copies back.
Be prepared to pay the filing fee (unless you qualify for a waiver), which generally costs a few hundred dollars or more, depending on your county and which documents you file.
After filing, you must legally notify your spouse by serving them with the divorce papers. This must be completed within 30 days of filing (or 90 days if your spouse lives outside PA). Here are the three methods of service allowed in Pennsylvania:
You’ll also need to make a copy of the relevant Affidavit of Service form (3a, 3b, or 3c), file the original with the court, and keep the copy for your records.
You and your spouse must provide a complete and honest assessment of your marriage’s finances. This typically involves sharing financial affidavits that show your income, assets, debts, and monthly expenses.
Generally, you’ll need to provide documents like tax returns, pay stubs, bank statements, and proof of asset ownership. Still, the exact forms and requirements can vary by county, so check with your attorney or local court for specific instructions.
Pennsylvania has a mandatory 90-day waiting period for no-fault divorces if both spouses consent, starting from the day the papers are served. In the event your spouse disagrees with certain terms, such as property division or custody arrangements, they’ll file a response outlining their position. This may lead to negotiations or, if an agreement can’t be reached, a trial.
In addition, you may be able to proceed with the divorce by default if your spouse doesn’t respond within a specific timeframe. You’ll need to prove that you followed all procedures and still couldn’t reach your spouse, but this doesn’t automatically resolve all issues or finalize the divorce terms.
Ideally, you and your spouse should discuss and work out as many issues as possible, including property division, spousal support, and child custody and support. Here’s how you can start:
If you can’t reach a mutually acceptable agreement with your spouse, you’ll proceed to court and have a judge decide the final terms of your divorce.
During the trial, both sides will present evidence and arguments to the judge. You may need to testify about your marriage, finances, and reasons for divorce, after which the judge will decide on unresolved issues.
It goes without saying that trial tends to be time-consuming, expensive, and stressful, which is why it’s recommended to make every effort to settle out of court if possible. Still, once the final judgment is issued—whether you settle or go to trial—your divorce is complete, and you and your ex-spouse will follow the agreed-upon terms going forward.
The total cost of a divorce in Pennsylvania depends on which type of divorce you pursue, how many issues you can resolve with your spouse, and whether you choose to hire an attorney. Here’s what to expect:
The costs can increase if you hire a private mediator, depending on how many sessions you need. Conversely, court-ordered mediation is free, assuming the mediator doesn’t incur significant travel expenses.
Pennsylvania follows “equitable division” principles, which means all property acquired during the marriage—known as marital property—is supposed to be divided fairly but not necessarily equally. Generally, each party will keep their nonmarital property, which includes assets acquired before marriage, those excluded by prenuptial agreements, or inheritances.
Absent an agreement, the judge will “equitably” divide the marital property after considering all relevant factors, including the following:
While couples can agree on property division themselves, a judge will decide if they can’t reach an agreement.
Also known as spousal support, the court may award alimony payments to one spouse after divorce. If the couples can’t agree on alimony terms, a judge determines whether it’s necessary and, if so, its amount and duration. Factors considered in alimony decisions include the following:
Pennsylvania alimony arrangements can be modified if either party experiences a significant change in circumstances, or terminated if the recipient remarries.
Child custody basically comes down to figuring out how the children’s time will be divided between the parents and how decisions will be made in the best interests of their safety. Absent a custody agreement, the judge will decide the issue, after considering all relevant factors:
Child support is determined by the Pennsylvania Child Support Guidelines, which offers a chart based on the combined net income of both parents and the number of children.
For example, assume two parents have one child and a combined monthly income of $2,000. Following the chart, the obligor’s (or the non-custodial parent’s) minimum monthly support obligation would be $461. However, additional factors like health insurance costs, child care expenses, or any special needs may increase the final amount.
The simplest procedure is an uncontested divorce, where you and your spouse reach an agreement about all issues. You might need to attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce.
You can file for a no-fault consent divorce immediately in Pennsylvania. However, if you’re filing based on irretrievable breakdown without mutual consent, you must have lived separately for at least one year.
Yes, you can change your name in Pennsylvania during the divorce process by filing a notice with your divorce complaint. Generally, the court can include your name change in the final divorce decree after the dissolution has been finalized.
Edward A. Haman, Esq. contributed to this article.
Find out more about DivorceThis article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
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