Pennsylvania Divorce Process

There are different ways to end a marriage. An annulment declares your marriage void. Legal separation doesn't end your marriage. It only temporarily severs the marital bonds. A definite way of ending your marriage is divorce.

The divorce process varies by state. Your divorce case can be complex or relatively easy, depending on the circumstances. You must follow specific court rules and procedures even in the most amicable divorces.

The Pennsylvania divorce process is like most other states. If you're considering divorce, you should familiarize yourself with the steps to get a divorce.

Below is a step-by-step guide for no-fault divorce and contested divorce. Regardless of the type of divorce you file, this guide should help you navigate the divorce process in Pennsylvania.

Pennsylvania Offers No-Fault Divorce and Fault-Based Divorce

Pennsylvania used to be a fault-based divorce state. Today, the courts don't require you to prove marital misconduct to file for divorce. You still have that option, but most people prefer a no-fault divorce. These divorces take less time and can be less expensive.

There are two ways to qualify for a no-fault divorce in Pennsylvania:

• Mutual consent — Both spouses agree that divorce is the best option. They negotiate a divorce settlement agreement before filing their divorce case.
• Separation — You can file a no-fault divorce if you and your spouse have lived separately for at least one year before filing your divorce complaint.

If you file a fault-based divorce, you must cite specific grounds for divorce. The available fault grounds for divorce in Pennsylvania include:

• Adultery
• Willful desertion
• Cruel and barbarous treatment (domestic violence or personal injury crime against the other party)
• Institutionalization for a severe mental disorder (at least 18 months before filing for divorce)
• Bigamy
• General indignities
• Imprisonment of more than two years

When you file your divorce papers with the Court of Common Pleas, you must say which grounds you will cite in your complaint. You must also submit proof that your spouse engaged in the conduct you allege in your divorce case.

Pennsylvania Divorce Process at a Glance

You may have difficulty understanding Pennsylvania's divorce laws and statutes unless you're a divorce lawyer. Here, we'll discuss the divorce process in plain English. You'll also find helpful links you can reference throughout the divorce proceedings.

Statute(s)

• 231 Pa. Code Section 1920.1, et seq. (Actions of Divorce or for Annulment of Marriage)
• Pennsylvania Statutes Title 23 Pa. C.S.A. Domestic Relations Section 3101, et seq. (Divorce)

Step-by-Step Process for a Mutual Consent Divorce (Uncontested divorce)

1. File the Divorce Complaint and attach the Notice to Defend and Verification.
2. Serve these documents to your spouse within 30 days of the filing date. If your spouse lives out of state, you have 90 days to serve your spouse. You can serve them via certified mail if they live out of state. In most consent divorce cases, the spouse signs an Acceptance of Service form acknowledging receipt of the divorce papers.
3. Because of Pennsylvania's mandatory waiting period, you must wait 90 days after serving your spouse to begin further action.
4. File an Affidavit of Consent and one of the following: Waiver of Notice or Notice of Intention to Request Entry of Divorce Decree
5. File a Praecipe to Transmit Record and any other forms the court clerk requires. You must also include a proposed Divorce Decree.
6. Once the divorce is final, the court will mail a copy of the decree to both parties.

Step-by-Step Process for a Non-Consent Divorce

1. Same as above.
2. Same as above.
3. Wait for the Pennsylvania court's one-year requisite period to expire.
4. Either party may file an Affidavit under 3301(d) of the Divorce Code, Notice of Intention to Request Entry of Section 3301(d) Divorce Decree, and Counter-Affidavit. If your spouse doesn't have a divorce lawyer, you must file an Affidavit of Non-Military Service.
5. Serve the documents to your spouse.
6. Wait 20 days after serving the other party.
7. File a Praecipe to Transmit Record and any other forms your county requires.
8. Once the divorce is final, the court clerk will mail each party a copy of the decree.

Pennsylvania Divorce: Court Forms and Documents

The Unified Judicial System of Pennsylvania provides links to county-specific forms, general forms (including the ones listed above), and a helpful guide to the Pennsylvania divorce process.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state's laws.

Questions About the Divorce Process in Pennsylvania? Talk to a Lawyer

There are rules governing the divorce process. If you don't follow these rules, you may delay the process. Luckily, you don't have to go through it alone. Contact a skilled divorce lawyer in Pennsylvania who will have experience with the divorce process and can ensure your divorce goes as smoothly as possible.

Pennsylvania Divorce Process: Related Resources

• Pennsylvania Marital Property Laws
• Pennsylvania Child Custody Laws
• Pennsylvania Child Support Guidelines
• How To Change Your Name in Pennsylvania