Divorce in Pennsylvania
Pennsylvania allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division. For a no-fault divorce by mutual consent, both parties must agree. For a no-fault divorce without consent, a two-year separation period was previously required but was reduced to one year.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
90 days (mutual consent) or 1 year separation
Filing Fee
$200-$400
Property Division
equitable distribution
Grounds for Divorce
- •Mutual consent after 90 days
- •Irretrievable breakdown with 1-year separation
- •Adultery
- •Cruel treatment
Key Facts
- ★Pennsylvania offers both fault and no-fault divorce options
- ★Mutual consent divorce requires a 90-day waiting period
- ★Without consent, a 1-year separation is required for no-fault divorce
- ★Property is divided by equitable distribution
- ★At least one spouse must have been a Pennsylvania resident for 6 months
Child Custody
Pennsylvania courts determine custody based on the best interests of the child using 16 statutory factors. The court considers which parent is more likely to encourage a relationship with the other parent, the child's needs, each parent's ability to attend to daily needs, and any history of abuse.
Alimony / Spousal Support
Pennsylvania courts may award three types of alimony: alimony pendente lite (during the divorce), alimony (post-divorce), and spousal support (before filing). The court considers 17 factors including the relative earnings, the duration of the marriage, and the standard of living during the marriage.
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Common questions about divorce in Pennsylvania
The fastest route is a no-fault divorce by mutual consent, which requires a 90-day waiting period after filing. Both spouses must sign affidavits of consent. Without mutual consent, you must either prove fault grounds or wait out a 1-year separation period.
Pennsylvania courts use 16 specific factors to determine the best interests of the child, including which parent is more likely to encourage a relationship with the other parent, the child's adjustment, the proximity of the parents' homes, and each parent's availability for child-rearing.