Divorce in Pennsylvania: How It Works, Step by Step (2026 Guide)
Pennsylvania family law · Last reviewed October 7, 2026
Pennsylvania offers two ways to a no-fault divorce: both spouses consent, or they've lived separate and apart for a year. Either way, the case usually finishes on paper. The courts divide marital property by equitable distribution, support between spouses follows a formula while the case is pending, and a divorce becomes final only when a judge signs the decree.
This guide walks through the whole process. Each topic links to a deeper page, and every legal statement cites the statute, rule or official source behind it. The divorce law is in Title 23 of the Pennsylvania Consolidated Statutes, the Domestic Relations Code, and the procedure is in the Rules of Civil Procedure, Rules 1920.1 through 1920.92.
Pennsylvania divorce at a glance
| Question | Answer | Source |
|---|---|---|
| Residency | One spouse: a bona fide resident for at least 6 months before filing | 23 Pa.C.S. § 3104(b) |
| Where to file | The county where either spouse lives, or one you both agree to | Pa.R.C.P. 1920.2 |
| No-fault grounds | Mutual consent; presumed consent after a crime; one year of separation | § 3301(c), (d) |
| Waiting period | Consent affidavits signed 90 days or more after service | Pa.R.C.P. 1920.42(a) |
| Separation period | 1 year (2 years if it began before Dec. 5, 2016) | § 3301(d); Pa.R.C.P. 1920.72 |
| Default divorce | Not allowed | Pa.R.C.P. 1920.41 |
| Filing fee | About $195 to $400, set by each county | County fee schedules |
| Property | Equitable distribution, without regard to marital misconduct | § 3502(a) |
| Spousal support / APL | Formula: 33% of payer's net minus 40% of recipient's (25%/30% with children) | Pa.R.C.P. 1910.16-4 |
| Alimony after divorce | Only if necessary; 17 factors; no formula | § 3701 |
| Child support | Income shares; schedule revised Jan. 1, 2026; $1,255 self-support reserve | Pa.R.C.P. 1910.16-1 to -7 |
| Custody | No presumption for either parent; safety factors weighted | §§ 5327(a), 5328(a) |
| Remarriage | No post-divorce waiting period | 23 Pa.C.S. ch. 13 |
Who can file for divorce in Pennsylvania
At least one spouse must have been "a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement of the action" (§ 3104(b)). Only one of you has to meet it, and the marriage and the reasons for the divorce can have happened elsewhere (§ 3104(c)). Six months of actual residence creates a presumption that Pennsylvania is your home. The statute has no special rule for service members; residency is decided on the facts.
You can file in the county where either spouse lives, or in another county if both agree in writing or by taking part in the case (Rule 1920.2). There's no minimum time living in the county.
Pennsylvania has no legal separation. Spouses can live apart, sign a separation agreement, and seek child support, spousal support and custody without filing for divorce, but there is no court decree of legal separation.
Grounds: no fault, or fault
| Route | What you need | Statute |
|---|---|---|
| Mutual consent | Marriage irretrievably broken; both spouses sign consent affidavits 90+ days after service | § 3301(c)(1) |
| Presumed consent | Your spouse was convicted of a personal injury crime against you; consent is presumed | § 3301(c)(2) |
| Separation | Separate and apart at least one year; marriage irretrievably broken; no consent needed | § 3301(d) |
| Fault | Desertion (1 year), adultery, cruel and barbarous treatment, bigamy, prison sentence of 2+ years, or indignities | § 3301(a) |
| Institutionalization | Spouse confined for mental illness at least 18 months, with no reasonable prospect of discharge | § 3301(b) |
Almost everyone uses mutual consent or separation. Fault grounds require proof at a hearing and don't affect the property division. See uncontested divorce.
Which Pennsylvania divorce route fits your case?
A quick sort using 23 Pa.C.S. §§ 3104 and 3301. A starting point, not advice.
Step by step
1. File the complaint
One spouse (the plaintiff) files a Notice to Defend and Complaint in Divorce with the county prothonotary and pays the filing fee. The complaint states the grounds and should include every claim you want the court to decide in the divorce: equitable distribution, alimony, counsel fees and, if needed, custody. Child support, spousal support and APL are filed separately with the domestic relations section (Rule 1920.31(a)(2)). See the forms and fees.
2. Serve your spouse
The complaint must be served within 30 days of filing in Pennsylvania, or 90 days outside it, by the sheriff, by an adult who isn't a party or relative, by certified and first-class mail, or by your spouse signing an Acceptance of Service (Rule 1930.4). Service matters more here than in most states: it starts the 90-day consent clock, and it sets the latest date the law will presume you separated.
3. No answer required, and no default
The other spouse (the defendant) doesn't have to file an answer; the complaint's statements are deemed denied unless admitted (Rule 1920.14(a)). But that also means there's no default divorce. Rule 1920.41: "No judgment may be entered by default or on the pleadings." A spouse who wants property or alimony should file a counterclaim.
4. Establish the grounds
- Mutual consent: both spouses sign Affidavits of Consent 90 days or more after service and file them within 30 days of signing.
- Separation: after a year of separation, one spouse files and serves an affidavit under § 3301(d). If the other doesn't deny it with a counter-affidavit, it's deemed admitted.
See how long a Pennsylvania divorce takes for the calculator.
5. Exchange financial information
Once anyone claims equitable distribution, both spouses file inventories of assets and debts (Rule 1920.33). A claim for alimony or counsel fees requires income and expense statements, the latest tax return and six months of pay stubs (Rule 1920.31(a)(1)). Formal discovery is available in economic claims.
6. Temporary relief
Pennsylvania has no automatic order freezing assets when a divorce is filed. Instead, you ask: for spousal support or APL in domestic relations; for temporary custody; for the right to live in the marital home (§ 3502(c)); or for an injunction if a spouse is about to hide or dispose of property (§ 3505(a); Rule 1920.43). A spouse who has been abused can seek a protection from abuse order, which can also cover the home, temporary custody and support.
7. Settle, or have the money issues decided
Most spouses settle in a written property settlement agreement, enforceable like a court order (§ 3105(a)). If they can't, the court enters an order approving grounds, then a judge or, in many counties, a divorce hearing officer (also called a master) hears the property and alimony claims. A party has 20 days to file exceptions to a hearing officer's report (Rule 1920.55-2).
8. The decree
When the grounds are established and the money claims are resolved, withdrawn or properly reserved, the filing spouse serves a Notice of Intention (or both sign waivers) and files the Praecipe to Transmit Record. The judge reviews the file and signs the decree. You're divorced on the date of the decree, not when the papers are signed or the agreement reached.
Money and children: how Pennsylvania decides
Property. Pennsylvania is not a community property state. Marital property, meaning nearly everything acquired during the marriage plus the growth in value of separate property, is divided by equitable distribution after weighing the factors in § 3502(a). Gifts and inheritances from third parties and property owned before the marriage stay separate. See property division.
Spousal support, APL and alimony. Spousal support (during marriage) and alimony pendente lite (during the divorce) follow the guideline formula. Alimony after the divorce has no formula; it's awarded only if necessary, after 17 factors. See alimony and spousal support.
Child support. An income-shares formula with a schedule revised on January 1, 2026. Filed in domestic relations, with or without a divorce. See child support.
Custody. Decided by the child's best interest under § 5328(a), as rewritten by Kayden's Law in 2024 and Act 11 in 2025, with substantial weight on safety. No presumption favors either parent. See child custody.
Don't lose your economic claims
This is the most important warning in Pennsylvania divorce law. If you don't raise claims for property division, alimony and counsel fees before the decree, you can lose them. Rule 1920.31(c) deems a failure to claim spousal support, alimony, APL, counsel fees, or costs and expenses before the final decree a waiver, "unless the court expressly provides otherwise in its decree," and the court divides property only where the claim was "raised in any pleadings" (§ 3323(b)). The Notice to Defend on every complaint says so in capital letters.
Annulment and common-law marriage
Annulment is available for void marriages (for example, one spouse was already married, or the spouses are too closely related) and voidable ones (for example, fraud or duress with no cohabitation afterward). A few voidable grounds must be raised within 60 days of the ceremony (§§ 3304–3305).
Common-law marriage can no longer be created in Pennsylvania. Section 1103: "No common-law marriage contracted after January 1, 2005, shall be valid." A common-law marriage validly formed before then is still a marriage and requires a divorce to end.
After the divorce
- Remarriage: no post-divorce waiting period.
- Appeal: within 30 days after the decree is entered (Pa.R.A.P. 903(a)). There are no post-trial motions in divorce cases.
- Name: file a Notice of Intention to Resume Prior Surname with the prothonotary at any time (54 Pa.C.S. § 704). See divorce records.
- Beneficiaries: the decree reminds you to update life insurance, pension and similar designations (§ 3323(b.1)). Do it.
- Changes: custody and child support can be modified; alimony can be modified for substantial and continuing changes; agreed property and alimony terms generally can't be changed unless the agreement allows it (§ 3105(c)).
What's new in Pennsylvania divorce law
| Effective | Change | Law |
|---|---|---|
| Aug. 13, 2024 | Kayden's Law: safety factors weighted in custody; presumption of supervised custody when there's an ongoing risk of abuse | Act 8 of 2024 |
| Jan. 17, 2025 | Protection from abuse orders can grant temporary possession of a companion animal | Act 146 of 2024; § 6108(a)(9.1) |
| July 1, 2025 | Psychological and psychiatric costs added to the unreimbursed medical expenses shared in child support | Supreme Court order of Apr. 15, 2025 |
| Aug. 29, 2025 | Custody factors in § 5328(a) rewritten and renumbered; courts must send parties the factor list within 30 days | Act 11 of 2025 |
| Aug. 29, 2025 | Sheriffs or police must serve protection from abuse petitions and orders | Act 23 of 2025 |
| Nov. 26, 2025 | Custody and relocation rules expressly cover deployed military parents | Act 40 of 2025 |
| Jan. 1, 2026 | New support schedule; self-support reserve raised to $1,255; incarceration listed as an involuntary income reduction | Supreme Court order of Aug. 11, 2025 |
| Jan. 1, 2026 | Electronic and computer-generated signatures accepted on family-law filings | Pa.R.C.P. 1930.11 |
| Apr. 1, 2026 | Court rules for binding family-law arbitration under the Uniform Family Law Arbitration Act take effect | Pa.R.C.P. 1960–1965; Act 12 of 2024 |
| Nov. 1, 2026 | New statewide fee waiver rule (Pa.R.J.A. 1990) replaces the in forma pauperis petition in divorce | Supreme Court orders of Apr. 21, 2026 |
Pending, not law (as of October 2026):
- House Bill 97 would let courts decide who keeps a companion animal, weighing its well-being. It passed the House on September 29, 2025 and is in the Senate Judiciary Committee.
- House Bill 1499 would create a presumption of shared custody and equal parenting time. It is in the House Judiciary Committee.
- House Bill 1412 would let a custody order be modified without proof of a material change in circumstances. It passed the House on July 7, 2025 and is in the Senate Judiciary Committee.
- Several bills would bar alimony to a spouse convicted of a crime against the other or found to have abused the other (House Bills 383, 2346 and 2514).
The grounds, the 90-day consent period and the one-year separation period have not changed since 2016.
Common myths about divorce in Pennsylvania
| Myth | What the law says |
|---|---|
| You must live apart for a year before any divorce. | Not for mutual consent, which needs no separation. The year applies only when a spouse won't consent. |
| You can be separated only if one of you moves out. | "Separate and apart" includes living in the same residence (§ 3103). |
| The 90 days run from filing. | The consent affidavits must be signed 90 days or more after service (Rule 1920.42). |
| If my spouse ignores the papers, I win by default. | No default divorces (Rule 1920.41). Use the separation affidavit. |
| My spouse can stop the divorce by refusing to sign. | Not after a year of separation (§ 3301(d)). |
| Property is split 50/50. | Equitable distribution weighs factors; equal isn't required (§ 3502(a)). |
| Wives get alimony automatically. | Alimony is gender-neutral and only "if it finds that alimony is necessary" (§ 3701(a)). |
| Equal custody means no child support. | The higher-income parent can still owe support (Rule 1910.16-4(c)(2)). |
| The state can send me a divorce certificate. | Pennsylvania doesn't issue them; get the decree from the county. |
Frequently asked questions
How long do you have to live in Pennsylvania to get a divorce?
At least one spouse must have been a bona fide resident for six months before the complaint is filed. There is no minimum time in the county.
How long does a divorce take in Pennsylvania?
A mutual-consent divorce can't finish sooner than 90 days after service, plus the time to file the papers and for the judge to sign; a few months is common when everything is agreed. A divorce based on separation needs one year apart. Contested money issues can add a year or more.
How much does a divorce cost in Pennsylvania?
Filing fees run about $195 to $400 depending on the county, plus fees for extra claims. An agreed divorce using the free statewide forms can cost little more than that. Lawyers, experts and contested hearings drive the total up. Fees can be waived for people who can't afford them.
Can I get a divorce in Pennsylvania if my spouse doesn't want one?
Yes. After you've lived separate and apart for one year, you can proceed under § 3301(d) without your spouse's consent. Your spouse can contest the facts but can't veto the divorce.
Is Pennsylvania a 50/50 divorce state?
No. Pennsylvania uses equitable distribution, so the court divides marital property in the percentages it finds just after considering the statutory factors.
Does adultery matter in a Pennsylvania divorce?
It's a fault ground, and marital misconduct during the marriage is one of the factors for alimony. It doesn't affect the division of property, which is made without regard to marital misconduct.
Can I file for divorce in Pennsylvania without a lawyer?
Yes. The Unified Judicial System publishes free statewide forms and instructions for each no-fault route. A lawyer is wise if there's significant property, a pension, a business, alimony or a custody dispute.
Does Pennsylvania recognize common-law marriage?
Only if it was formed on or before January 1, 2005. Common-law marriages contracted after that date are not valid.
Where these sections live
- 23 Pa.C.S. Chapter 31 — General provisions (§§ 3101–3106)
- 23 Pa.C.S. Chapter 33 — Dissolution of marital status
- 23 Pa.C.S. Chapter 35 — Property rights
- 23 Pa.C.S. Chapter 37 — Alimony and support
- Pa.R.C.P. 1920.2 — Venue
- Pa.R.C.P. 1920.42 — Obtaining a no-fault decree
- Pa.R.C.P. 1920.41 — No default judgment
- Pa.R.C.P. 1920.31 — Economic claims and waiver
- Unified Judicial System: divorce self-help