How to File for Divorce in Pennsylvania 2026: Complete Guide

Pennsylvania divorce law has evolved significantly, making it easier to end a marriage without lengthy separations or proving fault. Understanding the grounds for divorce, residency requirements, property division rules, and the court process is essential for navigating your divorce efficiently and protecting your rights.

Grounds for Divorce in Pennsylvania

Pennsylvania law (23 Pa.C.S. § 3301) provides six grounds for divorce, divided into no-fault and fault-based:

No-Fault Grounds

1. Mutual Consent (§ 3301(c)) - Fastest Option

• Both spouses consent to divorce
• File affidavits of consent 90 days after service of complaint
• All economic issues resolved (property, support, custody)
• Can be finalized in as little as 90 days
• Most common method for uncontested divorces

2. Irretrievable Breakdown - One Year Separation (§ 3301(d))

• Marriage is irretrievably broken
• Spouses lived separate and apart for at least 1 year
• Does not require other spouse's consent
• Separation can be in same house if living separate lives

Fault-Based Grounds (§ 3301(a))

While less common, you can still file based on fault:

1. Indignities

• Treatment making life burdensome and intolerable
• Pattern of humiliation, embarrassment, or emotional abuse
• Most commonly used fault ground

2. Adultery

• Spouse committed adultery
• Requires proof beyond spouse's confession

3. Desertion

• Spouse left for 1+ years without reasonable cause
• Must show intent not to return

4. Bigamy

• Spouse was already married at time of marriage

5. Imprisonment

• Spouse sentenced to 2+ years in prison
• Has served at least 2 years of sentence

6. Institutionalization for Insanity

• Spouse institutionalized for at least 18 months
• Insanity is severe and incurable
• Rarely used

Residency Requirements

To file for divorce in Pennsylvania (23 Pa.C.S. § 3104):

• Either you OR your spouse must have lived in Pennsylvania for at least 6 months immediately before filing
• Only ONE spouse needs to meet residency requirement
• File in county where either spouse resides

The Divorce Process in Pennsylvania

Step 1: File Divorce Complaint

• File Complaint in Divorce with Court of Common Pleas (Family Division)
• Include grounds for divorce and relief sought (property, custody, support)
• Pay filing fee (approximately $300-$350, varies by county)
• Fee waiver available if indigent (file petition to proceed in forma pauperis)

Step 2: Serve Your Spouse

• Personal service: Sheriff or professional server delivers papers
• Service by mail: Certified mail, return receipt requested
• Acceptance of service: Spouse signs acknowledgment
• Spouse has 20 days to respond (30 days if outside PA)

Step 3: Mandatory Waiting Periods

Mutual Consent Divorce (§ 3301(c)):

• 90 days after service of complaint
• Both parties file affidavits of consent
• Divorce can be granted immediately after 90 days if all issues resolved

One-Year Separation (§ 3301(d)):

• Must be separated 1 year before filing OR before decree
• After 1 year separation, can proceed without other spouse's consent
• File affidavit stating 1-year separation

Fault-Based Divorce:

• No mandatory waiting period
• But requires proof and often takes longer due to litigation

Step 4: Financial Disclosures

• Both parties exchange Income and Expense Statements
• Inventory of assets and debts
• Required for property division, alimony, child support
• Must be accurate and complete (under penalty of perjury)

Step 5: Settlement or Trial

If Uncontested/Settled:

• Submit Marital Settlement Agreement
• File affidavits of consent (for § 3301(c) divorces)
• Judge reviews and signs Divorce Decree
• No court appearance typically required

If Contested:

• Discovery (interrogatories, depositions, document requests)
• Conciliation conference (some counties require)
• Pre-trial conference
• Trial before judge (no jury in PA divorce cases)
• Judge issues decision and Divorce Decree

Step 6: Final Decree

• Judge signs Divorce Decree
• Divorce is final when decree entered
• Either party can remarry after decree entered

Property Division - Equitable Distribution

Pennsylvania is an equitable distribution state (23 Pa.C.S. § 3502), not community property:

Marital vs. Separate Property

Marital Property (Subject to Division)

• All property acquired during marriage by either spouse
• Increase in value of separate property due to marital efforts
• Retirement benefits accumulated during marriage
• Property acquired in exchange for marital property

Separate Property (Not Divided)

• Property owned before marriage
• Gifts or inheritance received by one spouse (even during marriage)
• Property acquired after separation
• Property designated as separate in prenuptial agreement
• Property sold or transferred in good faith before separation
• Veterans' benefits and certain disability payments

How Courts Divide Property

Courts presume 50/50 division but can adjust based on 11 factors (23 Pa.C.S. § 3502(a)):

1. Length of marriage
2. Prior marriages of either party
3. Age, health, income, skills, and employability of each spouse
4. Sources of income (including medical, retirement, insurance benefits)
5. Contribution to education, training, or earning power of other spouse
6. Opportunity for future acquisitions
7. Contribution as homemaker
8. Contribution to marital property accumulation
9. Standard of living during marriage
10. Economic circumstances at time of division
11. Tax consequences

Alimony (Spousal Support)

Pennsylvania recognizes three types of support:

1. Spousal Support

• Paid before divorce is finalized
• Available if spouses living separate and apart
• Fault can bar or reduce support
• Calculated based on income disparity

2. Alimony Pendente Lite (APL)

• Paid during divorce proceedings
• Available once divorce complaint filed
• Fault is NOT considered
• Terminates when divorce finalized

3. Alimony (Post-Divorce)

• Paid after divorce finalized
• Not automatic - must be requested
• Based on 17 factors including need and ability to pay
• Can be permanent, rehabilitative, or reimbursement

Alimony Factors (23 Pa.C.S. § 3701)

Courts consider 17 factors, including:

• Relative earnings and earning capacities
• Ages, health, and needs of parties
• Sources of income
• Duration of marriage
• Standard of living during marriage
• Education and time needed to acquire training/education
• Assets and liabilities of each party
• Contribution as homemaker
• Contribution to education, training, career of other spouse
• Marital misconduct (adultery bars alimony for adulterous spouse unless inequitable)

Duration of Alimony

• Short marriages (<10 years): Typically not longer than marriage length
• Medium marriages (10-20 years): Often half to full marriage length
• Long marriages (20+ years): Can be permanent (until death or remarriage)
• Rehabilitative alimony: Set period for recipient to become self-supporting

Child Custody

Pennsylvania courts determine custody based on best interests of the child (23 Pa.C.S. § 5328):

Types of Custody

Legal Custody

• Right to make major decisions (education, healthcare, religion)
• Can be sole or shared

Physical Custody

• Where child lives
• Primary: Child lives primarily with one parent
• Shared: Child spends substantial time with both parents
• Partial: Visitation/parenting time for non-custodial parent

Best Interest Factors (16 Total)

Courts consider 16 factors, including:

• Which party is more likely to encourage relationship with other parent
• Present and past abuse committed by party or household member
• Parental duties performed by each party
• Need for stability and continuity in child's education, family life, community
• Availability of extended family
• Child's sibling relationships
• Child's well-reasoned preference (if mature enough, typically 12+)
• Attempts to turn child against other parent
• Each party's availability to care for child
• Level of conflict between parties
• History of drug/alcohol abuse
• Mental and physical health of all individuals

Child Support

Pennsylvania uses statewide guidelines (Pa.R.C.P. 1910.16-1 to 1910.16-7):

Calculation Method

• Based on Income Shares Model
• Considers both parents' monthly net incomes
• Uses support schedule tables (updated periodically)
• Adjusted for number of children and custody arrangement

Income Considered

• Wages, salaries, bonuses, commissions
• Self-employment income
• Retirement, pensions, annuities
• Unemployment, workers' comp, disability
• Social Security benefits
• Rental income
• Interest and dividends

Deviations from Guidelines

Courts can deviate based on:

• Unusual needs of child (medical, educational)
• Unusual earnings or assets
• Ages of children
• Relative assets and liabilities
• Other support obligations

Additional Expenses

Beyond basic support, parents typically share:

• Childcare costs (necessary for work/education)
• Health insurance premiums
• Unreimbursed medical expenses
• Private school tuition (if appropriate)

Divorce Costs in Pennsylvania

Legal Separation vs. Divorce

Pennsylvania does NOT have formal "legal separation" like some states:

• No court decree of separation exists in PA
• Spouses can live "separate and apart" informally
• Can file for support, custody, and property agreements while separated
• Separation agreements are legally binding contracts

Frequently Asked Questions

How long does a divorce take in Pennsylvania?

Mutual consent divorces (§ 3301(c)) can be finalized in as little as 90 days if both parties cooperate and all issues are resolved. One-year separation divorces take at least 12 months. Contested fault-based divorces typically take 9-18 months or longer depending on complexity and court schedules.

Can I get divorced without my spouse's consent in Pennsylvania?

Yes. After 1 year of separation, you can file under § 3301(d) without your spouse's consent. You can also file fault-based grounds, but these require proof. The mutual consent option (§ 3301(c)) is fastest but requires both spouses to cooperate.

Do I need a lawyer to get divorced in Pennsylvania?

Not required, but recommended. Simple uncontested divorces with no children or significant assets can be handled DIY using court forms. However, if you have children, substantial property, retirement accounts, or disagreements, an attorney is strongly advised. Many attorneys offer unbundled services for specific tasks.

Is Pennsylvania a 50/50 divorce state?

Pennsylvania uses "equitable distribution," which means fair but not necessarily equal. Courts start with a presumption of 50/50 division but can adjust based on 11 statutory factors. In practice, long marriages often result in roughly equal divisions, while shorter marriages or those with significant separate property may not.

Does adultery affect divorce in Pennsylvania?

Adultery can be used as a fault ground for divorce, but it rarely affects property division. However, adultery can bar the adulterous spouse from receiving alimony unless the court finds it would be inequitable. In custody cases, adultery is generally not relevant unless it affects the child's well-being.

Can we live together and still be "separated" in Pennsylvania?

Yes. Pennsylvania allows spouses to live "separate and apart" under the same roof if they are living entirely separate lives (separate bedrooms, no marital relations, separate finances, etc.). However, this can be harder to prove and may be challenged. Physical separation is clearer and less likely to be disputed.