Divorce in Pennsylvania

How to file for divorce in Pennsylvania

1. Check residency. 6 months in Pennsylvania before filing.
2. Check any separation requirement. One year of continuous separation is required for the irretrievable breakdown ground if a spouse does not consent.
3. Prepare and file the Complaint in Divorce with the Court of Common Pleas in your county. The filing fee is typically $150 to $350, and you can ask for a fee waiver if you cannot afford it.
4. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
5. Exchange financial disclosures. An Income and Expense Statement is required once economic claims (support, alimony, or equitable distribution) are filed.
6. Settle the issues in a written agreement, and a parenting plan if you have children.
7. Wait out the waiting period. 90 days for mutual consent no-fault divorce; the clock starts on the date the spouse is served, not the filing date. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months in Pennsylvania before filing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: One year of continuous separation is required for the irretrievable breakdown ground if a spouse does not consent.

How property is divided

Pennsylvania uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Pennsylvania uses the terms custody (legal custody and physical custody: primary, shared, partial, or supervised). Every decision is made in the child's best interests.

Parenting class: Not required statewide; some counties (for example Philadelphia and Allegheny) run their own parent education programs.

Child support: Pennsylvania uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Three distinct support types exist: spousal support during separation, alimony pendente lite during the case, and post-divorce alimony decided under statutory factors.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Mutual Consent Divorce (Section 3301(c)): Both spouses file affidavits of consent at least 90 days after the complaint is served, allowing an uncontested no-fault divorce without proving a year of separation.

Legal separation: not offered in Pennsylvania as a separate case.

How long it takes

The minimum is set by the waiting period: 90 days for mutual consent no-fault divorce; the clock starts on the date the spouse is served, not the filing date. A typical timeline is 4 to 6 months from filing to final decree for an uncontested case. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Pennsylvania

• Pennsylvania does not recognize a formal legal separation status; spouses can still get court-ordered support and custody while remaining married.
• Filing fees vary widely by county, from about $150 to $350.
• Pennsylvania's child support guidelines moved to an updated income shares model effective January 1, 2026.

Some local details vary by county in Pennsylvania, including parenting course. Check with your county clerk.

Official resources

Official forms and instructions come from Pennsylvania's courts. Sources we reviewed:

• pacourts.us
• pacodeandbulletin.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.