How to File for Divorce in Pennsylvania (2025 Guide)

How to File for Divorce in Pennsylvania (2025 Guide)

If you're considering divorce in Pennsylvania, it's important to understand the process, your rights, and the legal requirements under state law. Here’s a simplified breakdown:

✅ 1. Meet Residency Requirements

Before filing:

• Either spouse must have lived in Pennsylvania for at least 6 months.

• File in the county where either party resides.

✅ 2. Choose a Divorce Type

Pennsylvania offers several types of divorce:

a. Mutual Consent Divorce (No-Fault)

Both parties agree the marriage is over.

Requires 90-day waiting period after serving the complaint.

b. Unilateral No-Fault Divorce

If one spouse does not agree, the other must prove the marriage is irretrievably broken and the couple has been separated for at least 1 year.

c. Fault-Based Divorce

Includes grounds like adultery, abandonment, cruelty, bigamy, etc.

Rarely used due to higher complexity and cost.

✅ 3. Prepare and File the Divorce Complaint

Start by filing:

• Complaint in Divorce (Form 1)

In the Court of Common Pleas in your county.

Also file:

• Notice to Defend

• Verification Form

Fees typically range from $200 to $400 depending on the county.

✅ 4. Serve Your Spouse

You must serve your spouse with the divorce papers within 30 days of filing.

Service can be done by:

• Sheriff

• Private process server

• Certified mail (if permitted)

✅ 5. Wait Period (for Mutual Consent)

After service, you must wait 90 days before proceeding with final paperwork if it’s a mutual consent divorce.

Both parties then file:

• Affidavit of Consent

• Waiver of Notice of Intention to Request Divorce Decree (optional)

✅ 6. Exchange Financial Disclosures

If either party seeks:

• Spousal support

• Property division

• Debt allocation

Then both must submit financial affidavits and disclose income, expenses, assets, and debts.

✅ 7. Resolve Issues: Property, Custody, Support

Parties can:

• Negotiate a Marital Settlement Agreement (best for uncontested divorces)

• Go to mediation or court hearings for contested matters

For child custody or support, you may need to attend conciliation conferences and file:

• Parenting Plan

• Child Support Guidelines Worksheet

✅ 8. File Final Documents

If everything is resolved, you file:

• Praecipe to Transmit the Record

• Proposed Divorce Decree

Any final agreements signed by both parties

✅ 9. Attend Hearing (If Needed)

Many uncontested divorces do not require a hearing. A judge reviews the paperwork and signs the Divorce Decree.

In contested cases, a hearing or trial may be scheduled.

✅ 10. Receive Divorce Decree

Once the judge signs the Final Decree in Divorce, the divorce is complete.

📝 Common Forms

• Complaint in Divorce

• Affidavit of Consent

• Praecipe to Transmit the Record

• Marital Settlement Agreement (if applicable)

Find forms and assistance on:

🔗 www.pacourts.us

🔗 www.philalegal.org

⚖️ Final Tips:

If your case involves property, children, or potential disputes, consult a family law attorney.

Uncontested divorces can be completed in 3 to 6 months.

Make sure to check your county-specific rules, as procedures can vary slightly.