Pennsylvania Divorce Checklist
divorce.law/resources/divorce-checklist/pennsylvania/
Prepared: 5/20/2026
Data updated: 3/1/2026
Estimated Timeline
4–6 months for an uncontested mutual consent divorce under § 3301(c)(1), consisting of 90 days minimum waiting period plus filing and processing time. 14–18 months for a separation-based divorce under § 3301(d), including the mandatory one-year separation period. 12–24 months for contested divorces involving equitable distribution hearings, custody disputes, or alimony litigation in Pennsylvania.
Documents to Gather
- Certified Copy of Marriage Certificate
- Birth Certificates for Minor Children
- Valid Photo Identification
- Social Security Cards
- Prenuptial or Postnuptial Agreement(if applicable)
- Protection From Abuse (PFA) Orders(if applicable)
- Prior Court Orders (Support, Custody)(if applicable)
Financial Documents
- Last Three Years of Federal and State Income Tax Returns
- Last Six Months of Pay Stubs
- Bank Account Statements (Last 12 Months)
- Retirement and Pension Account Statements
- Real Estate Documents
- Vehicle Titles and Loan Statements
- Investment and Brokerage Account Statements
- Life Insurance Policy Declarations
- Business Ownership and Valuation Documents(if applicable)
- Debt Documentation
- Health Insurance Documentation
Key Steps
1. Before Filing
- Verify Pennsylvania Residency Requirement
- Determine the Appropriate Divorce Path
- Gather Essential Personal and Financial Records
- Assess Domestic Violence Safety Concerns
- Explore Legal Aid and Fee Waiver Options
2. Filing Process
- Prepare the Notice to Defend and Divorce Complaint (Form 1)
- File the Complaint at the County Prothonotary
- Serve the Complaint on Your Spouse
- Send the Counseling Notice to Your Spouse
3. After Filing
- Wait for Your Spouse's Response
- Complete the 90-Day Waiting Period (Mutual Consent) or One-Year Separation Period
- File Affidavits of Consent or Section 3301(d) Affidavit
- File the Inventory and Pre-Trial Statement for Equitable Distribution
- Complete a Parenting Education Program (If Minor Children Are Involved)
- Negotiate and Execute a Marital Settlement Agreement
- File the Waivers of Notice and Praecipe to Transmit Record
- Receive the Final Divorce Decree
Key Deadlines
Quick Reference
To file for divorce in Pennsylvania, at least one spouse must have been a bona fide resident for six months under 23 Pa.C.S. § 3104(b). File a Notice to Defend and Divorce Complaint (Form 1) at the county prothonotary, paying a filing fee that ranges from $135 to $388 depending on the county. Serve the complaint within 30 days (90 days if out-of-state). Your spouse has 20 days to file an Answer. For the fastest uncontested route—mutual consent under § 3301(c)(1)—both spouses sign Affidavits of Consent (Forms 5a and 5b) after a 90-day waiting period from service. For separation-based divorce under § 3301(d), one year of living separate and apart is required. After all ancillary claims are resolved, file Waivers of Notice (Forms 6a and 6b) and the Praecipe to Transmit Record (Form 12). The judge enters the Divorce Decree (Form 13). An uncontested mutual consent divorce typically takes 4–6 months; contested cases take 12–24 months. Low-income filers may request fee waiver via Form 2 (In Forma Pauperis). Free legal help is available through the Pennsylvania Legal Aid Network at palegalaid.net.