Initiating a divorce in Pennsylvania is a formal legal process that concludes a marriage. The process is governed by state laws and court procedures that outline the necessary steps for all parties involved, from meeting residency requirements to resolving financial and custody matters.
Pennsylvania Residency Requirements for Divorce
For a Pennsylvania court to have jurisdiction over a divorce, at least one spouse must have been a bona fide resident of the Commonwealth for a minimum of six months immediately before filing. A bona fide resident is someone who physically lives in the state with the intent to remain there permanently.
This six-month residency is a strict prerequisite under 23 Pa.C.S.A. § 3104; without it, the court will dismiss the case.1Pennsylvania General Assembly. Section 3104. Bases of jurisdiction Proof of residency, such as a driver’s license, lease agreement, or utility bills, may be required to satisfy the court.
Grounds for Divorce in Pennsylvania
Pennsylvania law provides for both no-fault and fault-based divorces. A no-fault divorce does not require one spouse to prove the other was responsible for the marriage’s failure. The most common type is a mutual consent divorce, where both parties agree the marriage is “irretrievably broken.” This process involves a mandatory 90-day waiting period after the divorce complaint is served, after which both spouses can file affidavits consenting to the divorce.
Another no-fault option is available when the spouses have lived “separate and apart” for at least one year and one spouse files an affidavit stating the marriage is irretrievably broken. The state also permits fault-based divorces, though they are less common. According to 23 Pa.C.S.A. § 3301, the grounds for a fault divorce include:2Pennsylvania General Assembly. Section 3301. Grounds for divorce
- Adultery
- Desertion for one year or more
- Cruel and barbarous treatment
- Bigamy
- Imprisonment for two or more years
A person might choose a fault-based divorce if the other party will not consent to a no-fault divorce or because it could influence an alimony decision.
Preparing Your Initial Divorce Paperwork
The primary document for starting a divorce is the “Complaint in Divorce,” which must be filled out with specific information. You will need to gather the full legal names, birth dates, and current addresses for both you and your spouse, along with the date and location of your marriage. If you have minor children, their information is also required.
The Complaint requires you to state the legal grounds for the divorce and specify the relief you are seeking, such as property division or child custody. Blank court forms are available from the county Prothonotary’s office or the Pennsylvania Unified Judicial System’s website. You must also prepare a “Notice to Defend and Claim Rights,” which informs your spouse of the lawsuit, and a “Verification,” a statement confirming the truthfulness of the information provided.
How to File Your Divorce Complaint in Pennsylvania
You must make at least two copies of all completed documents and file the originals with the Prothonotary’s office in the county where either you or your spouse resides. Filing requires paying a fee, which varies by county, so you should check the county court’s fee schedule.
After filing, the court assigns a case number and the step of “service of process” begins. Service can be accomplished if your spouse signs an “Acceptance of Service” form, or through other methods like service by the Sheriff’s office, a competent adult who is not a party to the case, or by certified mail. If your spouse lives in Pennsylvania, they must be served within 30 days of filing; this extends to 90 days if they live out of state.
Key Issues Resolved in a Pennsylvania Divorce
A divorce proceeding resolves the “equitable distribution” of marital property, which includes assets and debts acquired during the marriage. Pennsylvania law requires a fair, but not necessarily equal, division based on factors like the marriage’s length, each spouse’s income, and contributions as a homemaker, as outlined in 23 Pa.C.S.A. § 3502.3Pennsylvania General Assembly. Section 3502. Equitable division of marital property
Financial support is another central issue. The court may award spousal support during the separation, Alimony Pendente Lite during the proceedings, or post-divorce alimony. When deciding on alimony, courts consider factors from 23 Pa.C.S.A. § 3701, such as the parties’ earning capacities, the standard of living during the marriage, and marital misconduct.4Pennsylvania General Assembly. Section 3701. Alimony
For couples with minor children, child custody and support must be determined. Custody decisions, covering both legal (decision-making) and physical (residency) custody, are based on the “best interests of the child.” Courts weigh factors listed in 23 Pa.C.S.A. § 5328, such as which parent is more likely to foster a relationship with the other parent and the need for stability.5Pennsylvania General Assembly. Section 5328. Factors to consider when awarding custody Child support is calculated using statewide guidelines that primarily consider the parents’ respective incomes and the number of children.