Divorce in Pennsylvania (PA)

If you are considering a divorce in Pennsylvania, understanding the specific statutes that apply to your case is essential before you take any action. The rules governing residency, property division, support, and custody are set by state law — and Pennsylvania's framework differs in important ways from other states.

Key Requirements at a Glance

Grounds for Divorce in Pennsylvania

No-fault: mutual consent (both parties sign affidavits) or 1-year separation. Fault: adultery, desertion, cruel treatment, bigamy, conviction of crime.

Because Pennsylvania is a no-fault state, courts do not examine marital misconduct when deciding whether to grant the divorce. However, fault can still be relevant in some states when determining property division or alimony.

Property Division: Equitable Distribution

Equitable distribution — courts apply 11 statutory factors including length of marriage, contribution to marital property, and economic circumstances

Separate property — assets owned before the marriage, inherited during the marriage, or received as a personal gift — is generally excluded from division. However, separate property can become "commingled" with marital property and lose its separate character if not carefully maintained. Real estate mortgages, retirement accounts, and business interests are particularly complex and often require a forensic accountant or QDRO specialist.

Alimony & Spousal Support

Alimony Pendente Lite (during proceedings) and post-divorce alimony. Amount and duration based on 17 statutory factors. Pennsylvania courts rarely award permanent alimony.

Temporary support (also called alimony pendente lite) may be ordered during the proceedings to maintain the status quo. Post-divorce support is a separate determination. Either party can request modification if there is a substantial change in circumstances — such as job loss, disability, or remarriage of the recipient.

Child Custody & Parenting Time

Shared physical custody encouraged but not presumed. Courts apply 16 best-interest factors including history of domestic violence, sibling relationships, and child's preference (without age cutoff).

Courts distinguish between legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child lives). Shared legal custody is common even when one parent has primary physical custody. Any parenting arrangement must be embodied in a written parenting plan submitted to and approved by the court.

Child support is calculated separately from custody and follows Pennsylvania's statutory formula based on each parent's income, the custody split, and allowable deductions (healthcare, childcare). Support orders can be enforced through wage garnishment and are modifiable upon substantial change in circumstances.

Step-by-Step Filing Process in Pennsylvania

1. File Complaint in Divorce: File in Court of Common Pleas in the county where you or your spouse resides.
2. Serve the Defendant: Sheriff service or certified mail. Defendant has 20 days to respond if served in-county, 30 days otherwise.
3. Affidavit of Consent (Mutual Consent): Both parties sign and file affidavits consenting to divorce after 90-day waiting period.
4. Economic Claims: File Claims for equitable distribution, alimony, and support before the divorce decree or they are waived.
5. Master's Hearing (if needed): Contested cases go before a Divorce Master who makes recommendations to the judge.
6. Decree in Divorce: Judge enters Decree in Divorce. Economic claims must be resolved before or simultaneously with the decree.

Disclaimer: This page is for general educational information only. Divorce laws change frequently. Consult a licensed attorney in Pennsylvania for advice specific to your situation.