Divorce Laws in Pennsylvania: Complete 2026 Guide

Pennsylvania recognizes both no-fault and fault-based grounds for divorce under 23 Pa.C.S. § 3301. The no-fault options are the most commonly used paths and do not require either spouse to prove wrongdoing by the other. A mutual consent divorce under § 3301(c) requires both spouses to agree that the marriage is irretrievably broken and each to file a sworn affidavit to that effect after a 90-day waiting period following the filing of the divorce complaint. This is the fastest and simplest route to divorce in Pennsylvania. If one spouse does not consent to the divorce, the other may file under § 3301(d), which requires proof that the parties have been living separate and apart for at least one year and that the marriage is irretrievably broken. Since the passage of Act 102 in December 2016, this separation period was reduced from two years to one year for separations commencing on or after December 5, 2016. Living 'separate and apart' can include spouses who reside under the same roof, provided they have completely ceased cohabitation and are living separate lives. Fault-based grounds for divorce are available under 23 Pa.C.S. § 3301(a) and include: desertion for one year or more; bigamy; adultery; conviction of a crime resulting in a prison sentence of two or more years; indignities (a continuing course of conduct that renders the innocent spouse's condition intolerable and life burdensome); and cruel and barbarous treatment endangering the life or health of the innocent spouse. A divorce may also be granted where a spouse has been confined to a mental institution for at least 18 months prior to filing and is expected to remain confined for at least 18 months after filing (§ 3301(b)). In a fault-based divorce, the filing spouse must prove the other's misconduct and also demonstrate that they were not equally at fault. If both spouses were at fault, the court may refuse to grant the divorce. While fault grounds do not affect property division in Pennsylvania (equitable distribution is conducted without regard to marital misconduct per § 3502(a)), fault — specifically marital misconduct — may be considered by the court in alimony determinations under § 3701(b)(14).

Under 23 Pa.C.S. § 3104(b), at least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before the divorce complaint is filed. There is no requirement that both parties meet the residency threshold — if either spouse satisfies the six-month residency requirement, the Pennsylvania courts have jurisdiction over the divorce. A Pennsylvania resident may file for divorce against a non-resident spouse, and vice versa, as long as at least one party meets the residency standard. To establish bona fide residency, a person must demonstrate both physical presence in the state and an intent to remain indefinitely. Evidence of residency can include a Pennsylvania driver's license, voter registration, employment records, utility bills, lease agreements, or mortgage documents. Military members stationed in Pennsylvania may also satisfy the residency requirement. Importantly, residency in Pennsylvania does not require continuous residence at the same address — a person may move between counties within the state during the six-month period and still qualify. Pennsylvania does not impose a separate county residency requirement, but there are venue rules that determine where the complaint must be filed. Generally, the complaint should be filed in the county where the defendant resides. If the defendant lives outside Pennsylvania, the plaintiff may file in the county where the plaintiff resides. If both parties still live in the county of their last marital domicile, the complaint may be filed there. There is no required length of residency within the specific county where the complaint is filed. Failing to meet the state residency requirement or filing in the wrong venue can result in dismissal or transfer of the case.

Pennsylvania is an equitable distribution state, meaning courts divide marital property in a manner they deem fair and just rather than automatically splitting assets 50/50. Under 23 Pa.C.S. § 3502(a), the court must equitably divide, distribute, or assign marital property between the parties without regard to marital misconduct, after considering all relevant statutory factors. The court has the discretion to apply different distribution percentages to each asset or group of assets. Only marital property is subject to equitable distribution. Under 23 Pa.C.S. § 3501, marital property includes all property acquired by either party during the marriage, regardless of how title is held, as well as the increase in value of any non-marital property during the marriage. There is a statutory presumption that all property acquired during marriage is marital property — the burden is on the spouse claiming otherwise to prove an asset is separate. Separate (non-marital) property includes assets owned before the marriage, gifts and inheritances received by one spouse during the marriage, property excluded by a valid prenuptial agreement, and veterans' benefits exempt under federal law. The statutory factors a court considers under § 3502(a) include: (1) the length of the marriage; (2) any prior marriages; (3) the age, health, income, vocational skills, employability, estate, liabilities, and needs of each party; (4) one spouse's contribution to the other's education or earning power; (5) future acquisition opportunities; (6) sources of income including retirement and insurance benefits; (7) each party's contribution to the acquisition, preservation, depreciation, or appreciation of marital property, including contributions as a homemaker; (8) the value of non-marital property; (9) the standard of living during marriage; (10) economic circumstances at the time of distribution; (10.1) tax ramifications; (10.2) transfer or liquidation expenses; and (11) whether a party serves as custodian of dependent minor children. The court may also award one or both parties the right to reside in the marital home, impose liens as security for support awards, and direct maintenance of life insurance beneficiary designations.

Pennsylvania recognizes three distinct forms of financial support between spouses: spousal support, alimony pendente lite (APL), and post-divorce alimony. Spousal support is available during separation and before a divorce complaint is filed, providing financial assistance to the lower-earning spouse. Alimony pendente lite is temporary support paid during the pendency of the divorce proceeding, designed to allow the receiving spouse to participate in the litigation and maintain their standard of living. Both spousal support and APL are generally calculated using state guidelines, with the higher-earning spouse typically paying approximately 40% of the difference in net incomes (or 30% when there is also a child support obligation). Post-divorce alimony is governed by 23 Pa.C.S. § 3701 and is awarded only when the court finds it is necessary. Unlike spousal support and APL, alimony is discretionary and not formula-based. The court must evaluate 17 statutory factors under § 3701(b), including: (1) relative earnings and earning capacities; (2) ages and health conditions; (3) sources of income including retirement and insurance benefits; (4) expectancies and inheritances; (5) duration of the marriage; (6) one party's contribution to the other's education or earning power; (7) the impact of custodial responsibilities on earning capacity; (8) the standard of living established during marriage; (9) relative education and time needed for training; (10) relative assets and liabilities; (11) property brought to the marriage; (14) marital misconduct during the marriage (but not after final separation, except for abuse); (15) tax ramifications; (16) whether the seeking party lacks sufficient property for reasonable needs; and (17) whether the seeking party is incapable of self-support. The duration of alimony may be definite or indefinite, as the court deems reasonable under the circumstances (§ 3701(c)). Permanent alimony is rare and typically reserved for cases where the receiving spouse cannot reasonably become self-supporting due to age, health, or long-term economic dependence. Alimony terminates upon the remarriage of the receiving spouse (§ 3701(e)), upon cohabitation with an unrelated person of the opposite sex, or upon the death of either party (§ 3707). Alimony orders may be modified upon a showing of substantial and continuing changed circumstances.

Child custody in Pennsylvania is governed by Chapter 53 of Title 23 (23 Pa.C.S. §§ 5321–5340). Pennsylvania courts recognize several types of custody: sole legal custody, shared legal custody, primary physical custody, shared physical custody, partial physical custody, and supervised physical custody. Legal custody refers to the right to make major decisions on behalf of the child (education, health care, religion), while physical custody determines where the child lives day-to-day. The overriding standard in all custody determinations is the best interest of the child. Under 23 Pa.C.S. § 5328(a), as amended effective August 29, 2025, courts must consider twelve statutory factors (previously sixteen) when awarding custody. The court gives substantial weighted consideration to factors affecting the child's safety, including: (1) which party is more likely to ensure the child's safety; (2) present and past abuse by a party or household member; (2.1) child abuse history and involvement with protective services; and (2.2) violent or assaultive behavior. Additional factors include cooperation between parties and willingness to encourage contact with the other parent, parental duties performed, the need for stability in the child's education, family, and community life, sibling relationships, the child's well-reasoned preference based on maturity, and each parent's mental and physical condition. Pennsylvania law is gender-neutral in custody determinations — no party receives preference based on gender (§ 5328(b)). No single factor is determinative; the court must examine the totality of the circumstances (§ 5328(a.2)). The 2024 amendment (Act 8) added important protections for abuse victims, providing that a custody factor shall not be weighed against a party if the underlying circumstances were in response to abuse or necessary to protect the child or abused party. Temporary housing instability resulting from abuse also cannot be held against a victim. Courts are now required to provide all parties with a copy of the statutory custody factors within 30 days of receiving a custody complaint or modification petition.

To begin a divorce in Pennsylvania, the filing spouse (plaintiff) must prepare and file a Complaint in Divorce with the Prothonotary (clerk of court) in the appropriate county's Court of Common Pleas. The complaint should include a Notice to Defend and Claim Rights form, a Verification form, and should specify the grounds for divorce. Filing fees vary by county but generally range from approximately $200 to $500, with an average around $350–$400. Low-income filers may petition the court to proceed In Forma Pauperis (IFP) to waive court fees by demonstrating financial inability to pay. After filing, the complaint must be properly served on the other spouse (defendant). If the defendant lives in Pennsylvania, service must occur within 30 days of filing; if the defendant lives outside Pennsylvania but within the United States, service must occur within 90 days. Service may be accomplished by the county sheriff, a private process server, or by certified mail in accordance with Pennsylvania Rules of Civil Procedure 1930.4. After service, the defendant has 20 days (if within Pennsylvania), 30 days (outside Pennsylvania but within the U.S.), or 60–90 days (outside the U.S.) to file a response. The filing spouse must then file proof of service (Affidavit of Service) with the court. Once the appropriate waiting period has elapsed (90 days for mutual consent, one year for separation-based), and all economic claims have been resolved — either through a negotiated Marital Settlement Agreement or through court proceedings — either party may file a Praecipe to Transmit Record, requesting that the case be sent to a judge for review and entry of the divorce decree. In cases involving unresolved disputes, the court may appoint a Divorce Master (an attorney appointed by the court) to take testimony and make recommendations on issues such as equitable distribution, alimony, and counsel fees. Divorce forms and instructions are available through the Pennsylvania Unified Judicial System website at www.pacourts.us and through individual county court websites. All divorce cases in Pennsylvania are heard by the Court of Common Pleas, which is the state's trial-level court of general jurisdiction. Each of Pennsylvania's 67 counties has its own Court of Common Pleas, and divorce cases are filed with the Prothonotary (or Office of Judicial Records in Philadelphia) in the appropriate county. Most counties have a Family Division or Family Court section within the Court of Common Pleas that specifically handles divorce, custody, support, and other domestic relations matters. The procedural rules governing divorce are found in Pennsylvania Rules of Civil Procedure, Chapters 1920 (divorce actions) and 1930 (domestic relations matters generally). In contested cases, courts may appoint a Divorce Master under 23 Pa.C.S. § 3321 — an attorney who takes testimony, reviews evidence, and prepares recommendations for the judge on equitable distribution, alimony, and related issues. The parties may file exceptions to the Master's recommendations, which the judge then reviews before entering final orders. Appeals from the Court of Common Pleas in divorce matters are taken to the Superior Court of Pennsylvania, which is the intermediate appellate court. Further appeals may be taken to the Supreme Court of Pennsylvania, though such appeals are generally discretionary. It is worth noting that some legislative proposals have been introduced to allow minor courts to handle uncontested or simple divorces, but as of early 2026, all divorces continue to be processed exclusively through the Court of Common Pleas.

Pennsylvania imposes different waiting periods depending on the type of divorce pursued. For a mutual consent no-fault divorce under 23 Pa.C.S. § 3301(c), there is a mandatory 90-day waiting period after the divorce complaint is filed and served before both spouses can execute and file their affidavits of consent. Once the affidavits are filed and all economic issues are resolved, the court can enter the divorce decree. This is the shortest path to a finalized divorce in the Commonwealth. For a no-fault divorce based on irretrievable breakdown under 23 Pa.C.S. § 3301(d), the parties must have been living separate and apart for at least one year before the divorce can be finalized. This one-year separation period was established by Act 102, signed into law on December 3, 2016, which reduced the previous two-year requirement. Importantly, a spouse may file the divorce complaint before the one-year separation period has elapsed, but the court cannot enter the final decree until one year of separation has been completed. 'Separate and apart' is defined as a complete cessation of all cohabitation, which can occur even if the spouses continue to reside in the same dwelling. For fault-based divorces under § 3301(a), there is no specific statutory separation or waiting period — the case proceeds through litigation and trial on the merits. However, fault divorces typically take longer to resolve due to the evidentiary requirements of proving the specific grounds alleged. Additionally, for the ground of desertion, the deserting spouse must have been absent for at least one year, and for institutionalization, the confined spouse must have been institutionalized for at least 18 months before filing.