Divorce in Philadelphia runs through the Family Division of the Court of Common Pleas, the trial court for Philadelphia County. You file your complaint at 1501 Arch Street, pay the $333.73 fee set under the state schedule effective November 12, 2025, and follow Pennsylvania's no-fault rules under 23 Pa.C.S. § 3301. Most Philadelphia divorces where both spouses agree finish in four to six months. A Philadelphia divorce lawyer handles the property, support, and custody claims that ride along with the divorce itself.
Philadelphia divorce: key facts at a glance
Philadelphia is its own county, so the city and county courthouse are the same building. Every divorce, custody, and support case in the city is heard in the Family Division at 1501 Arch Street. The table below summarizes the numbers that control your filing.
| Detail | Philadelphia, Pennsylvania |
|---|---|
| County | Philadelphia County |
| Filing court | Family Division, Court of Common Pleas (First Judicial District) |
| Court address | 1501 Arch Street, 11th Floor, Philadelphia, PA 19102 |
| Filing fee | $333.73 (effective Nov. 12, 2025) |
| Residency requirement | One spouse a PA resident for 6 months (§ 3104) |
| Waiting period | 90 days (mutual consent, § 3301(c)) |
| Property model | Equitable distribution (§ 3502) |
How do I file for divorce in Philadelphia, Pennsylvania?
To file for divorce in Philadelphia, submit a divorce complaint to the Clerk of Family Court at 1501 Arch Street with a $333.73 fee and a Domestic Relations Information Sheet. One spouse must have lived in Pennsylvania for six months under 23 Pa.C.S. § 3104, and either spouse must currently live in Philadelphia or both must agree to file here.
The process starts when you file the complaint and serve your spouse. Service is done by sheriff, professional process server, certified mail in some cases, or an Acceptance of Service form, which is the fastest route for an agreed divorce. You must file an Affidavit of Service to prove your spouse received the papers. For uncontested economic issues, the court schedules an Economic Claims Conference within 45 days of filing to resolve disputes before a judge gets involved. Personal checks and cash are not accepted at the Clerk's office; pay by money order, credit card, or debit card.
Where do I file for divorce in Philadelphia? (which courthouse)
File your Philadelphia divorce at the Family Division of the Court of Common Pleas, located at 1501 Arch Street, 11th Floor, Philadelphia, PA 19102. This courthouse sits in Center City near Logan Square and the Free Library, replacing the old Family Court building at 1801 Vine Street. It houses both the Domestic Relations and Juvenile branches.
Domestic Relations handles divorce, child support, spousal support, custody, and paternity, so your entire case stays in this one building. The office is open Monday through Friday, 8:00 a.m. to 5:00 p.m. The general Domestic Relations line is (215) 686-4000, and the payment and case-information line is (215) 686-7466. Confirm current filing procedures with the Clerk before you go, since the court has tightened in-person filing rules for Family Division matters and e-filing availability has changed over time.
How much does a divorce lawyer cost in Philadelphia?
A Philadelphia divorce lawyer typically charges $250 to $450 per hour, with an uncontested case costing $1,500 to $3,500 in flat or capped fees and a contested case running $7,000 to $20,000 or more. These figures sit on top of the court's $333.73 filing fee. The cost depends on whether you and your spouse agree on property, support, and custody.
Uncontested mutual-consent divorces are the cheapest because they avoid hearings and discovery. Costs climb when spouses fight over the marital home, retirement accounts, a business, or custody, because those claims require appraisals, expert reports, and court time. If you cannot afford the filing fee, you can ask the court to waive it by filing a petition to proceed In Forma Pauperis (IFP); proof of public assistance or SSI supports the request. Use the divorce cost estimator to model your range before hiring counsel.
How long does a divorce take in Philadelphia?
An uncontested mutual-consent divorce in Philadelphia takes 4 to 6 months from filing to final decree. This includes the mandatory 90-day waiting period under 23 Pa.C.S. § 3301(c), which begins when the complaint is served, plus several weeks for the Family Division to process the paperwork. Contested cases take far longer.
If one spouse will not consent, the other can file under 23 Pa.C.S. § 3301(d), which requires one year of living separate and apart before the court can enter the decree. Act 102 of 2016 cut that separation period from two years to one for separations starting on or after December 5, 2016. Contested Philadelphia divorces, or those using the one-year separation route, commonly take 14 to 24 months because of discovery, the Economic Claims Conference, and judge availability in a high-volume county.
What are the residency requirements to file in Philadelphia County?
To file in Philadelphia County, at least one spouse must have been a bona fide Pennsylvania resident for six months immediately before filing, under 23 Pa.C.S. § 3104. There is no minimum length of residence inside Philadelphia County itself; either spouse must currently live in the city, or both must agree to divorce here. This rule applies to fault and no-fault cases alike.
Filing before the six-month state residency is met results in dismissal and forces you to start over, so confirm the date you or your spouse established Pennsylvania residency. Because Philadelphia is both a city and a county, meeting the statewide six-month rule plus current city residence by either party satisfies venue. Military members, recent arrivals, and dual-state couples should review how residency is counted, since time stationed elsewhere or split households can affect eligibility.
How is property divided in a Philadelphia divorce?
Pennsylvania divides marital property by equitable distribution under 23 Pa.C.S. § 3502, meaning a fair split rather than an automatic 50/50. A Philadelphia judge weighs 13 statutory factors, including the length of the marriage, each spouse's income and earning capacity, contributions as a homemaker, and who will have custody of minor children. Marital misconduct like adultery is not a property factor.
Marital property generally covers assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property, such as pre-marriage assets or inheritances, usually stays with the original owner, though any increase in value can become marital. Common splits range from 50/50 to 60/40, with larger imbalances when the facts justify them. Estimate spousal support exposure with the alimony estimator before settlement talks.
What about child custody and support in Philadelphia?
Philadelphia custody decisions follow the best-interest standard in 23 Pa.C.S. § 5328, which lists 16 factors and gives extra weight to the child's safety, any history of abuse, and each parent's willingness to support the child's relationship with the other parent. No parent gets a gender-based preference, and no single factor controls. Custody is heard in the Domestic Relations branch at 1501 Arch Street.
Child support uses Pennsylvania's statewide income-shares guidelines, which combine both parents' net incomes and the number of children to set a presumptive amount. Custody time, health insurance costs, and childcare expenses adjust the figure. Run your numbers with the child support calculator before your support conference. Pennsylvania uses the terms legal custody (decision-making) and physical custody (where the child lives) rather than older labels.