Divorce in Pennsylvania can be straightforward or complex depending on whether the parties agree to the divorce and how assets, custody, and support are handled. Whether you live in Philadelphia, Pittsburgh, or Amish country, understanding the process helps you prepare effectively.
Residency Rules in Pennsylvania
To file for divorce in Pennsylvania, one spouse must have lived in the state for at least six months before filing. The complaint must be filed in the Court of Common Pleas in the county where either spouse resides.
No-Fault and Fault-Based Divorce
Pennsylvania allows both no-fault and fault-based divorce. Most couples choose no-fault divorce, which comes in two forms: mutual consent or separation for one year. Fault grounds include adultery, cruelty, bigamy, and imprisonment.
Filing for Divorce
The divorce process starts with a Complaint for Divorce. The non-filing spouse is served and given time to respond. If both parties consent, the process can proceed after a 90-day cooling-off period. If not, the petitioner must show they have been separated for at least one year.
Equitable Distribution of Property
Pennsylvania uses an equitable distribution model. This means the court divides marital assets and debts fairly — though not always equally. Separate property such as inheritances or gifts is excluded, provided it was kept apart during the marriage.
Spousal Support and Alimony
Spousal support can be awarded both during the divorce process (as alimony pendente lite) and after the final decree. Factors include the length of the marriage, income disparity, contributions, and earning capacity. Fault can impact support in some cases.
Pennsylvania is one of few states where you can still file for fault-based divorce — though most cases proceed under no-fault grounds due to simplicity.
Child Custody and Parenting Plans
Custody decisions are based on the best interests of the child. Legal custody (decision-making) and physical custody (residence) can be shared or sole. The court evaluates safety, parental involvement, and ability to foster a healthy co-parenting relationship.
Child Support Guidelines
Child support is calculated using state formulas that consider the net income of both parents, number of children, and other expenses such as daycare or healthcare. Support orders can be modified based on substantial changes in circumstances.
- Residency: 6 months before filing
- Mutual consent or one-year separation required for no-fault divorce
- Equitable distribution of marital property
- Fault can still impact spousal support in rare cases
- Custody and child support follow state guidelines
Unlike many states, Pennsylvania allows you to proceed with divorce even without your spouse's consent — as long as you've been separated for one year.
While Pennsylvania offers options for both cooperation and litigation, understanding the path that fits your case is essential. Whether you file by consent or after a long separation, being informed helps you avoid delays and secure a fair resolution.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Pennsylvania divorce papers or browse Pennsylvania divorce lawyers to get the help you need.