How Do I File for Divorce in Pennsylvania?

Every state has its own rules and procedures for filing a divorce. Here's what you need to know to get started with your Pennsylvania divorce (also called a "dissolution of marital status").

Residency Requirements for Divorce in Pennsylvania

You must meet a state's residency requirements before you can file for divorce in its courts. To get a divorce in Pennsylvania, at least one of the parties must have been a state resident for at least six months immediately before filing the divorce case. (23 Pa. Cons. Stat. § 3104(b) (2022).)

Where to File Your Divorce Case

You can file your divorce case in the county:

• where the defendant (the non-filing spouse) lives
• where the plaintiff (the filing spouse) lives, if the defendant lives out of state, or
• where the spouses lived as a married couple, if the plaintiff has continuously resided in the county
• prior to six months after the date of final separation—and with the agreement of the defendant—where the plaintiff resides OR if neither party continues to reside in the county where the parties lived as a married couple, where either party resides; or
• after six months after the date of final separation, where either party lives.

(23 Pa. Cons. Stat. § 3104(e) (2022).)

The Grounds for Divorce in Pennsylvania

Pennsylvania allows both "no-fault" and "fault-based" divorces. A no-fault divorce is one in which the court doesn't require either spouse to prove that the other's bad acts were the cause of the divorce. In a fault-based divorce, one or both spouses must show that the other's actions caused (were "grounds for") the failure of the marriage.

No-Fault Grounds for Divorce in Pennsylvania

No-fault divorces in Pennsylvania resolve faster than fault-based divorces because the spouses don't have to argue about or prove who was responsible for the divorce. Pennsylvania courts will grant a no-fault divorce when there's one of the two following situations:

• Mutual consent. Both spouses agree that the marriage is irretrievably broken, 90 days have elapsed since the divorce was filed, and each party has filed an Affidavit of Consent (a sworn statement) stating that they consent to the divorce. (23 Pa. Cons. Stat. § 3301(c) (2022).)
• One year of separation. This type of divorce is common when one of the spouses doesn't want to get divorced. One spouse alleges in a complaint that the marriage is irretrievably broken and files an affidavit stating that the spouses have lived separate and apart for at least a year. Also, the defendant must not deny any of the allegations in the affidavit. If the defendant does deny any allegation in the affidavit, a judge will still grant a divorce if the judge decides after a hearing that the spouses have lived separate and apart for at least a year and the marriage is irretrievably broken. (23 Pa. Cons. Stat. § 3301(d) (2022).)

Fault-Based Grounds for Divorce in Pennsylvania

In a fault-based divorce, one or both spouses will have to present evidence to the judge that proves the spouse committed acts that meet one of Pennsylvania's fault-based grounds for divorce. Pennsylvania judges grant fault-based divorces to "innocent and injured spouses" when the other spouse has:

• committed willful and malicious desertion—absence from the home of the innocent and injured spouse, without reasonable cause, for a period of one or more years
• committed adultery
• by cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse
• knowingly entered into a bigamous marriage while a former marriage is still in place
• been sentenced to imprisonment for two or more years
• offered such indignities to the innocent and injured spouse as to render the injured spouse's life intolerable and burdensome, or
• is insane or has a serious mental disorder that has resulted in confinement in a mental institution for at least 18 months immediately before the divorce was filed, and there's no chance that the spouse will be discharged from inpatient care during the 18 months after the divorce was filed.

(23 Pa. Cons. Stat. § 3301(a) (2022).)

How to File for Divorce in Pennsylvania

Generally, there are two types of divorce—uncontested and contested. An uncontested divorce is one where the spouses agree on all divorce-related matters, such as division of property, child custody, and alimony (spousal support). A contested divorce, on the other hand, is one where the spouses disagree on at least one topic and must ask a court to decide the issues in their divorce.

Uncontested divorces usually resolve faster and are less expensive than contested divorces because there's no fighting in court. Instead, the judge needs only to review and approve the spouses' marital settlement agreement and issue a divorce decree.

To get a divorce in Pennsylvania, you'll need to file your divorce paperwork in a Pennsylvania Court of Common Pleas.

How and Where to File an Uncontested Divorce in Pennsylvania

When you and your spouse have agreed on the issues in your divorce, the next step in getting an uncontested divorce in Pennsylvania is to file the required paperwork with the county's Prothonotary Office (court clerk). Usually, you must file in the county where your spouse resides. However, you may file in the county where you live if any of the following situations applies:

• your spouse doesn't currently live in Pennsylvania
• you've continued to reside in the county where you and your spouse lived together as a married couple
• it's been more than six months since you and your spouse permanently separated, or
• your spouse agrees that you may file in your county.

(23 Pa. Cons. Stat. § 3104(e) (2022).)

Each court in Pennsylvania has its own procedures and might have its own forms—you can search for the county's forms and procedures on the Pennsylvania courts' divorce website. In most courts, though, you'll need to file a Complaint accompanied by a Notice to Defend. A Notice to Defend is similar to a summons in other states—it's a document that tells your spouse that you've filed for divorce.

If you plan to represent yourself in your divorce (meaning you won't be hiring a lawyer), you'll also need to file an Entry of Appearance of Self-Represented Party Pursuant to Pa.R.C.P. No. 1930.8) (which might instead be called a Praecipe for Pro Se Entry of Appearance). The Pennsylvania Coalition Against Domestic Violence offers a detailed Divorce Packet that includes the forms you'll need and instructions. (The packet is also helpful for those who haven't experienced domestic violence.)

Bring the original and two copies to the Prothonotary's Office for filing to begin your divorce. There is a 90-day waiting period before the court can finalize your divorce.

How to File a Contested Divorce in Pennsylvania

A contested divorce begins when one of the spouses files a complaint for divorce with the court. Each court in Pennsylvania has its own procedures and might have its own forms—you can search for your county's forms and procedures on the Pennsylvania courts' divorce website.

After your spouse responds to the complaint, the court might order your case to be handled by a divorce master—an experienced, court-appointed lawyer who will hold hearings on the matters that the spouses can't agree on. After all the hearings, the divorce master makes a written recommendation to the judge about the disputed issues. The spouses will have a chance to formally disagree with the master's recommendations, but if no one files any disagreements, the judge will (in most cases) approve the master's recommendations and enter a final divorce decree. If a divorce master isn't appointed or isn't able to make recommendations, the judge in the case will decide the issues through hearings or a trial.

Serving Your Spouse in Pennsylvania

Once you file the paperwork, you will need to provide notice to your spouse of the divorce by "serving" (delivering) copies of what was filed with the court. If your spouse lives in Pennsylvania, you must serve the divorce papers within 30 days of filing the complaint. If your spouse doesn't live in Pennsylvania, you must serve the divorce papers within 90 days of filing the complaint. You can serve your spouse using one of the following methods:

• Mail with an Acceptance of Service form. Use this method only if you think your spouse will willingly agree to accept service).
• Certified mail with a return receipt requested. Fill out an Acceptance of Service of Original Process by Mail form, attach the receipt when you receive it, and file the form with the court.
• Personal service. You can hire a sheriff or a professional process server to deliver the paperwork to your spouse in person.
• Publication. If you don't know where your spouse is, ask the court for permission to serve your spouse by publishing a notice in a newspaper or in another manner that the court approves.

Divorce Filing Fees in Pennsylvania

Along with filing the right paperwork, you'll have to pay court filing fees to begin your divorce. Filing fees in Pennsylvania vary from county to county, so you'll need to contact the Prothonotary's office to find out the fees at the court where you plan to file. In most counties, the filing fees for divorce total between $200 and $300.

If you can't afford to pay the filing fees, you can ask the judge to waive the fees. You can request a fee waiver by filing a Petition to Proceed In Forma Pauperis. If the court grants your request to waive fees, you won't have to pay any court costs during your divorce.

Getting Help Filing Your Pennsylvania Divorce

If you'd like to DIY your divorce, many of the forms you'll need are available on the Pennsylvania courts' website.

If you're working with an attorney, your attorney will assess your situation and fill out, file, and serve all the necessary forms. Many divorcing couples can't afford to hire an attorney to handle their entire case, but would like some assistance with completing and filing their forms. If this describes your situation, consider using an online divorce service or finding an attorney who will consult with you on an as-needed basis. Low-income individuals might qualify for reduced-fee or free legal aid.