By Christie Nicholson, J.D. | Legally reviewed by John Mascolo, Esq. | Last reviewed September 15, 2024
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Just as Pennsylvania has laws regarding marriage, it also has laws governing divorce. If you're considering filing for divorce, you should familiarize yourself with Pennsylvania divorce laws. You may also want to seek legal advice from a skilled Pennsylvania family law attorney.
Here, we will summarize the basic divorce laws in the Commonwealth of Pennsylvania. We will also discuss child custody, alimony, and property division issues.
The table below briefly summarizes Pennsylvania's divorce statutes in plain English. While reading the actual statute is important, this table can help you better understand the Pennsylvania divorce process.
| Relevant Pennsylvania divorce laws | Pennsylvania Statutes Title 23 — Domestic Relations
Pennsylvania Code (Rules of Civil Procedure)
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|---|---|
| Residency requirements | You must be a resident of the Commonwealth for the six months before the date you file the divorce action. |
| Waiting period |
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| Grounds for divorce | Pennsylvania law allows fault-based and no-fault divorce actions. Fault-Based Divorce: The court may grant a divorce to an "innocent and injured" spouse when it finds that the other spouse has ...
The following are no-fault grounds for divorce: Institutionalization: The court may grant a divorce if one spouse was confined to a mental institution for at least 18 months and it's not likely that the spouse will be discharged within the next 18 months. Mutual consent: The court may grant a divorce 90 days after the divorce filing if each party provides an affidavit of consent. The court presumes consent if one spouse has committed a personal injury crime against the other. Irretrievable breakdown: The court may grant a divorce if the complaint alleges an irretrievable breakdown of the marriage and the couple has lived separate and apart for at least one year. Defenses to divorce:
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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 a Pennsylvania divorce attorney or conduct your own legal research to verify the status of any state divorce law(s) you are reviewing.
Whether you're filing a no-fault divorce or a fault-based action, you must meet specific legal requirements. According to Pennsylvania law, you must be a state resident for six months before filing your divorce papers. If either party meets the residency requirement, you qualify to file for divorce.
Pennsylvania courts also have waiting periods in certain cases. This is a cooling-off period during which the parties may change their mind and reconcile. The waiting period in the Keystone State is 90 days if the parties' consent to the divorce. The family law judge can only issue your divorce decree once 90 days have passed since your divorce filing.
If you cite an irretrievable breakdown of the marriage as grounds for divorce, you must separate for at least one year before filing for divorce. Pennsylvania is one of the few states with a mandatory separation period for such cases.
Finally, you must pay the requisite filing fee to file for divorce in Pennsylvania. You must submit payment along with your other court forms. The court clerk will reject your divorce complaint if you fail to pay the fee. The same applies if you forget to include certain documents or forms with your divorce complaint.
Most people in Pennsylvania file a no-fault divorce. It is the quickest way to finalize your divorce in Pennsylvania. To do this, you must only certify that your marriage is irretrievably broken. Both spouses must agree that the marriage is over and that divorce is the best option. The courts refer to this as a mutual consent divorce.
In a mutual consent case, a spouse's consent will be presumed if they were convicted of a personal injury crime against the other spouse. The definition of a personal injury crime includes crimes such as assault, kidnapping, certain sex offenses, arson, robbery, intimidation, and human trafficking.
When you file your no-fault divorce action, you will submit a copy of your marital settlement agreement to the court. Once the judge approves your agreement, they'll schedule your final hearing for 90 days. At that time, the judge will issue your final divorce order.
In Pennsylvania, you can also cite fault grounds in your divorce complaint. The available grounds for divorce include the following:
If you cite any of these types of marital misconduct, you must also submit proof that your spouse engaged in the alleged behavior.
In an uncontested divorce, the parties agree to the divorce terms and submit a settlement agreement to the court. A divorce based on grounds of mutual consent lends itself to an uncontested divorce.
Parties to an uncontested divorce agree to the divorce terms. They file their required documents and a marital settlement agreement. The judge will review the agreement and the grounds for the case. If the judge approves, the court will issue your divorce decree within days or weeks. You may need to appear for a short hearing for the judge to confirm your agreement.
If you disagree with the material divorce terms, you must file a contested divorce.
In a contested divorce, the parties disagree about some (or all) material divorce terms. Some of the more contentious legal issues in a divorce case include:
In Pennsylvania, the court will engage in equitable division of the marital assets and liabilities. This means that the court does not have to split everything 50/50. It can divide things so that it concludes that it's fair after considering all the circumstances.
In cases where a spouse requests an award of alimony, the law provides specific guidance, including factors that the court must consider. An order for alimony may happen while the divorce case is pending (called alimony pendente lite) or at the time of the final decree. Some of the factors the court will consider include:
On matters of child custody and visitation, the court may require that the parties present a parenting plan that will address issues of legal custody, physical custody, the parenting time schedule, and child support. The court's determination will be based on what it finds to be in the child's best interests.
Your Pennsylvania divorce lawyer will ideally negotiate a settlement with your spouse's lawyer. Often, lawyers or the court will encourage the parties to try divorce mediation to settle some or all the divorce terms.
If the parties can't agree on all terms, the case will go to trial. Each side will call witnesses and present evidence. You'll have a chance at trial to argue your case before the judge. The judge will make the final decisions about the issues.
The divorce process is difficult, no matter how hard you try to keep things amicable. The divorce laws in Pennsylvania can also be confusing and intimidating. It may be a good idea to consult an experienced Pennsylvania divorce attorney to help guide you through the divorce proceedings.
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