Divorce in Pennsylvania: Laws, Requirements, and Process
A complete guide to getting a divorce in Pennsylvania. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: 90 days from service of complaint (for mutual consent); 1 year of separation (for non-mutual no-fault).
- Filing fee: $200 - $350.
Grounds for Divorce
Pennsylvania allows no-fault divorce. The no-fault ground is: Irretrievable breakdown (mutual consent or 1 year of separation).
Fault-Based Grounds
Pennsylvania also recognizes these fault-based grounds for divorce:
- Adultery
- Desertion for one year
- Cruel and barbarous treatment endangering life
- Bigamy
- Conviction of a crime and imprisonment for 2 or more years
- Indignities rendering conditions intolerable
- Insanity or serious mental disorder with confinement for 18 months
Residency Requirements
6 months in the state.
Property Division
Pennsylvania is an equitable distribution state. Pennsylvania follows equitable distribution. Courts divide marital property fairly based on the length of the marriage, the age and health of each party, the income and earning capacity of each party, the standard of living during the marriage, and the contribution of each party to the education or earning power of the other.
Alimony / Spousal Support
Pennsylvania courts may award alimony based on 17 statutory factors including the relative earnings and earning capacities of the parties, the ages and health of the parties, the sources of income, the duration of the marriage, the contribution of one party to the other's education or training, the standard of living during the marriage, and marital misconduct.
Child Custody
Pennsylvania courts determine custody based on the best interest of the child using 16 statutory factors, including which party is more likely to encourage contact with the other parent, the parental duties performed by each party, the need for stability, the availability of extended family, the child's sibling relationships, and the well-reasoned preference of the child.
Child Support
Pennsylvania uses the income shares model. Child support guidelines consider both parents' combined net monthly incomes, the number of children, health insurance costs, childcare expenses, and additional expenses for special needs.
Filing Fee
The filing fee for divorce in Pennsylvania is $200 - $350. Fee waivers may be available for those who cannot afford to pay.
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Pennsylvania?
Pennsylvania allows no-fault divorce by mutual consent (after a 90-day waiting period) or after 1 year of separation. The state also recognizes fault-based grounds including adultery, desertion, cruel treatment, bigamy, imprisonment, indignities, and insanity.
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How long do you have to live in Pennsylvania to file for divorce?
At least one spouse must have been a bona fide resident of Pennsylvania for at least 6 months before filing the complaint for divorce.
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How is property divided in a Pennsylvania divorce?
Pennsylvania uses equitable distribution. Courts divide marital property fairly based on 11 statutory factors including the length of the marriage, each party's income and earning capacity, and contributions to the other's education or career.
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How long does a divorce take in Pennsylvania?
For mutual consent no-fault divorces, there is a 90-day waiting period after service. Non-mutual no-fault divorces require 1 year of separation. Uncontested mutual-consent divorces can be finalized in approximately 4 to 6 months. Contested cases can take much longer.