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 (approximate, varies by county)
$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, weighing the factors in the custody statute and giving substantial weight to those that affect the child's safety, including any history of abuse. Other factors include the level of cooperation between the parents and which parent is more likely to encourage contact with the other parent.
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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FAQs
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's custody statute lists 14 factors (23 Pa.C.S. 5328(a), as amended in 2024 and 2025), and courts give substantial weight to the ones that affect the child's safety. Others include the level of cooperation between the parents, including which parent is more likely to encourage contact with the other parent, the need for stability, the child's well-reasoned preference, the proximity of the parents' homes, and each parent's work schedule and child-care availability.