Uncontested Divorce in Pennsylvania

You can get an uncontested divorce in Pennsylvania if you meet the following requirements:

• you or your spouse has lived in the state for at least six months
• you both agree that your marriage is irretrievably broken and consent to the divorce, and
• you agree on every issue in your case, including property, debts, alimony, and arrangements for your children.

An uncontested divorce in Pennsylvania typically costs a few hundred dollars in filing fees. It won’t be final until at least 90 days after your spouse receives the divorce papers, but you’ll avoid a drawn-out court battle.

Read on to find out more about the process, including the paperwork you’ll need, how to deliver (or “serve”) the divorce papers, and what to expect at each stage.

How to Qualify for an Uncontested Divorce in Pennsylvania

To file for an uncontested divorce in Pennsylvania, you must meet three basic requirements: state residency, agreement on the reason for your divorce, and agreement on the issues in your case.

Pennsylvania’s Residency Requirement for Divorce

To get a divorce in Pennsylvania, one spouse must have lived in the state for at least six months immediately before filing the divorce papers. (23 Pa. Cons. Stat. § 3104(b) (2026).)

Agreement on the Legal Reason for Divorce

Like all states, Pennsylvania requires a legally accepted reason (or “ground”) for divorce. Pennsylvania allows divorce based on both fault and no-fault grounds. When you and your spouse are working together on an uncontested divorce, you’ll file based on the ground known as “mutual consent.”

To get a mutual consent divorce, you must meet the following requirements:

• the divorce complaint (the document that starts the divorce process) states that the marriage is “irretrievably broken,” meaning that your relationship has fallen apart, and there’s no reasonable prospect of that changing
• you and your spouse each file an affidavit (a sworn written statement) with the court affirming that you consent to the divorce, and
• you each sign your affidavit at least 90 days after the complaint has been filed and formally delivered to your spouse (more on that below).

(23 Pa. Cons. Stat. § 3301(c) (2026); Pa. Rules Civ. Proc., rule 1920.42(a) (2026).)

Agreement on the Issues in Your Divorce

Before you file for an uncontested divorce, you and your spouse will need to work out agreements on all the issues involved in ending your marriage, including:

• how to divide your marital property, including any real estate, personal property, and other assets
• how to allocate responsibility for repaying outstanding debts
• whether either spouse will pay the other alimony and, if so, how much
• child support for any dependent children that you and your spouse have, and
• child custody and visitation.

Keep in mind that if you don’t ask for alimony or a division of marital property before your divorce is final, you might lose the right to request it later. (Pa. Rules Civ. Proc., rule 1920.72 (2026).)

Once you’ve resolved all of these issues, you’ll need to put the provisions in a written divorce settlement agreement (sometimes called a “property settlement agreement” or “marital settlement agreement”).

How Is Uncontested Divorce in Pennsylvania Different From a Regular Divorce?

If you haven’t agreed on all the issues involved in ending your marriage before you start the legal process, your case will proceed as a traditional contested divorce. This means you’ll probably have to go through several legal steps before you can get your final divorce in Pennsylvania, including:

• “discovery,” the process of gathering evidence that involves legal procedures to get information from your spouse and other witnesses (such as custody evaluators and appraisers)
• filing motions (formal legal requests) and appearing at court hearings on issues such as requests for temporary child support or alimony, and
• settlement proposals and negotiations (usually between attorneys for both spouses).

Even if you reach a settlement before a final trial, all of this takes time. And because you’ll likely need a lawyer to navigate the contested divorce process, it will also increase the cost of divorce.

You don’t need these extra steps in an uncontested divorce. That’s why, as we explain below, uncontested divorces are quicker, less expensive, and less stressful.

Finding and Preparing the Uncontested Divorce Forms

As with most legal proceedings, you’ll need to submit some forms to start your uncontested Pennsylvania divorce case, including the following:

• Divorce complaint. To start, you’ll need the Notice to Defend and Divorce Complaint. This form combines your formal divorce request with the document (similar to a summons in other states) that formally notifies your spouse you’ve filed for divorce and explains your spouse’s rights in the proceeding.
• Self-representation form. If you’re representing yourself in the divorce, you’ll also need to include the Self-Represented Party Entry of Appearance form, which lets the court know you don’t have a lawyer.

You can find the statewide forms and directions on the Pennsylvania Judicial System website. Individual Pennsylvania counties might also have their own forms. Once you know where you’ll file your divorce papers (more on that below), check your county’s website for the specific forms you’ll need. The Judicial System website contains links to each county.

You can also use an online divorce service for help with the forms (more on that below).

Filing Your Uncontested Divorce Paperwork in Pennsylvania

After you complete and sign the applicable forms, you’ll need to file them with the court. You do this by providing copies to the prothonotary’s office (the court clerk) in the county where you want the divorce proceeding to take place. In Philadelphia, this office is the Office of Judicial Records; in Allegheny County, it’s the Department of Court Records. If you’d prefer not to hand-deliver your documents to the court, check with your county about whether you can file electronically.

You’ll almost always need to pay a filing fee (more on that below).

Where in Pennsylvania Should You File for Divorce?

If you don’t have children, you can file for divorce in the Pennsylvania county where either you or your spouse currently lives (with no minimum time requirement on that residency). You may also file in another county you both agree on, either by filing a written agreement with the other papers or simply by participating in the divorce proceeding there. (Pa. Rules Civ. Proc., rule 1920.2 (2026).)

However, if child custody is part of your divorce, Pennsylvania has different residency rules. Usually, you’ll file your paperwork in the county where the child has lived with a parent (or someone acting as a parent) for the past six months, or since birth for a child younger than six months. (Pa. Rules Civ. Proc., rule 1915.2 (2026).) There are exceptions to this rule. But they can be complicated, so you might need to speak with an attorney if your child doesn’t live with a parent in Pennsylvania.

How and When Do You Need to Serve the Divorce Papers on Your Spouse?

After you file the divorce papers with the court, you must deliver copies to your spouse through a formal method known as “service of process.” In Pennsylvania, you may serve your spouse with the paperwork using one of the following methods:

• If you and your spouse are cooperating on an uncontested divorce, the easiest method is to have your spouse sign an “Acceptance of Service” form acknowledging receipt of the divorce papers. The signed form must be filed with the court within 10 days.
• You may instead arrange to have the divorce papers hand-delivered by someone in the sheriff’s office, a professional process server, or any competent adult who isn’t related to or employed by either you or your spouse.
• You may also serve your spouse by mailing the papers by both first-class regular mail and certified mail (restricted delivery, return receipt requested), or by sending them through a commercial carrier like UPS or FedEx along with first-class mail. You’ll then file an “Affidavit of Service by Certified Mail” or “Affidavit of Service by Commercial Carrier” with the court. If the certified mail comes back unclaimed, you’ll need to use another method.

If your spouse lives in Pennsylvania, you must complete service within 30 days after you’ve filed the complaint. If your spouse is out of state, you’ll have 90 days to serve the divorce papers. If you don’t serve your spouse within the required time period, you’ll have to file a form to have your divorce complaint reinstated (Praecipe to Reinstate the Complaint). (Pa. Rules Civ. Proc., rule 1930.4 (2026).)

How Long Does an Uncontested Divorce Take in Pennsylvania?

When you file for an uncontested divorce, a Pennsylvania judge can’t grant your divorce until you and your spouse each sign an affidavit of consent at least 90 days after the complaint is filed and served on your spouse. This waiting period is intended to give the spouses time to think about the consequences of a divorce. Either spouse can also ask the court to require up to three counseling sessions during this time. (23 Pa. Cons. Stat. § 3302(b) (2026).)

In practice, you won’t get your final divorce decree right away after the 90-day waiting period ends. Instead, that’s when you may file the forms to start the process of finalizing your divorce, including:

• The affidavits of consent for both you and your spouse (as discussed above). Each of you must file your affidavit within 30 days after signing it.
• A Praecipe to Transmit Record. Before you file this form, however, you generally have to provide your spouse with a Notice of Intention to File Praecipe to Transmit the Record Under Section 3301(c)(1) of the Divorce Code. You’ll then have to wait 20 days before filing the praecipe with the court. However, you can avoid the 20-day wait if you and your spouse sign and file a Waiver of Notice.
• The proposed divorce decree, which will be submitted to the judge who’s handling the divorce.

(Pa. Rules Civ. Proc., rules 1920.42(a), 1920.72 (2026).)

Do You Need to Go to a Court Hearing to Get an Uncontested Divorce in Pennsylvania?

When you’re filing for an uncontested divorce in Pennsylvania based on mutual consent, you usually won’t have to appear in court for a final hearing. (23 Pa. Cons. Stat. § 3301(e) (2026).) In that case, the judge will review your paperwork and, if everything is in order, will sign the divorce decree. The court will then mail the final divorce decree to you. Again, check with your prothonotary to confirm the local court’s policy.

How Much Does an Uncontested Divorce Cost in Pennsylvania?

Generally, an uncontested divorce costs much less than a traditional contested divorce. That’s because couples can often complete the uncontested divorce process without hiring lawyers (see below).

When you represent yourself, the basic cost of an uncontested divorce is the court filing fee. Filing fees vary widely by county. As of 2026, they range from roughly $150 to $400 for a basic divorce complaint. Adding claims such as child custody usually costs extra. Contact your county’s filing office to confirm current fees.

Starting November 1, 2026, if you can’t afford the filing fee, you can ask the court to waive it by filing an Application to Waive Fees and Costs with your divorce complaint. You’ll automatically qualify if you receive needs-based public benefits like SNAP, Medicaid, SSI, or TANF. You’ll also qualify if your household income is at or below 200% of the federal poverty guidelines and you have less than $10,000 in assets (not counting your home and one car). (Pa. R.J.A. 1990 (2026); Pa. Rules Civ. Proc., rule 1920.62 (2026).)

Beyond the filing fee, your costs depend on whether you get a pure do-it-yourself divorce or need help with the process.

Do You Need a Lawyer for an Uncontested Divorce?

You probably don’t need a lawyer to get an uncontested divorce in Pennsylvania. If you and your spouse agree on everything and have the time to find, complete, and file the paperwork, you can handle the process yourself, perhaps by using the resources discussed in the next section. That said, consider speaking with a qualified family law attorney in any of these situations:

• you have complex assets to divide, like retirement accounts or a family business
• you have questions about aspects of your divorce, or
• you want an independent legal review of your settlement agreement to make sure it’s fair and you haven’t given up any of your legal rights. 

An independent legal review is especially important in Pennsylvania because, as mentioned, if you don’t ask for alimony or a division of marital property before your divorce is final, you might not be able to request it later. Having a lawyer review your agreement costs much less than hiring one to handle your whole divorce. The fee will depend on the lawyer’s hourly rate and how much time the review takes. If your finances are complicated, it might make sense to have a lawyer draft the agreement instead.

Other Ways to Get Help With Your Divorce

These resources can help with specific parts of the divorce process:

• Mediation. If you’re having trouble agreeing on any issues, mediation might help you find solutions that work for both of you. The cost of divorce mediation varies widely, depending on how many issues you need to work out and how complex they are. Total costs typically range from about $3,000 to $8,000, and each spouse usually pays half.
• Online divorce services. Once you’ve agreed on the issues, an online divorce service can provide the right divorce forms and fill them in based on your answers to a questionnaire. Fees range from about $150 to $700. Most services can also help you create a settlement agreement, and some will file your divorce papers for an additional fee.
• QDRO experts. If you’re splitting retirement accounts from your employment, like a 401(k) or pension, you’ll probably need an expert to prepare a special court order known as a “qualified domestic relations order” (QDRO).

Keep in mind that court staff, including the prothonotary’s office, can help with basic information and procedural questions, but they can’t give legal advice. Ask the prothonotary’s office whether your county has a self-help center where volunteers or staff can provide forms and general information about the divorce process. If you can’t afford a lawyer,PALawHelp.org lists free legal aid programs across the state. The Pennsylvania Bar Association’sLawyer Referral Service (800-692-7375) can also help you find an attorney.