Divorce Resources in Pennsylvania: Court Forms, Legal Aid & Filing Guide

To file for divorce in Pennsylvania, you must first establish residency by confirming that at least one spouse has been a bona fide resident of the Commonwealth for a minimum of six months immediately before filing, as required under 23 Pa.C.S. § 3104(b). File your Complaint in Divorce (Form 1) with the Prothonotary or Office of Judicial Records in the county where either spouse resides. The complaint must include the Notice to Defend and Claim Rights on top and a Verification on the bottom. Pennsylvania recognizes four grounds for divorce: fault-based grounds under 23 Pa.C.S. § 3301(a), institutionalization under § 3301(b), mutual consent under § 3301(c), and irretrievable breakdown after one year of separation under § 3301(d). Filing fees vary by county, ranging from $135 to $388.

After filing the complaint, you must serve the defendant with copies of all filed documents. Service may be accomplished by acceptance (Form 3a), certified mail, or personal delivery through a deputy sheriff or neutral third party — you or your relatives cannot perform service. If service is not completed within 30 days, you must reinstate the complaint using Form 4 and re-serve the defendant. Under Pa.R.Civ.P. 1920.12, you must file proof of service with the court before any further action can be taken. The Pennsylvania Rules of Civil Procedure at 231 Pa. Code Chapter 1920 govern all procedural requirements for divorce actions, including timelines for responsive pleadings and motions.

For a mutual consent divorce under 23 Pa.C.S. § 3301(c), both parties must wait 90 days from the date the complaint was served before filing Affidavits of Consent (Forms 5a and 5b). Each affidavit must be filed within 30 days of signing. After filing the affidavits, one party serves the Notice of Intention (Form 7) on the other, then waits 20 days before filing the Praecipe to Transmit Record (Form 12). Alternatively, if both parties sign Waivers of Notice (Forms 6a and 6b), either party may immediately file Form 12 to send the case to a judge for entry of the divorce decree. An Affidavit of Non-Military Service (Form 10) is also required.

For a separation-based divorce under 23 Pa.C.S. § 3301(d), you must file an Affidavit (Form 8) certifying that the parties have lived separate and apart for at least one year and the marriage is irretrievably broken. If the separation began before December 5, 2016, the required period is two years under the prior version of the statute. "Separate and apart" means cessation of cohabitation, whether living in the same residence or not, as defined in 23 Pa.C.S. § 3103. If the defendant does not deny the allegations within 20 days of service, the court may enter the divorce decree without a hearing.

Pennsylvania does not impose a statewide mandatory parenting education requirement for divorce cases. However, many counties require parents to complete a parenting education program when custody is at issue. For example, Allegheny County requires completion of the "Able to Adjust Online Co-Parenting Education Program," a 4-hour online class, each time a custody complaint or petition is filed as part of the Generations program. Under 231 Pa. Code Chapter 1940, courts may order parties to attend an orientation session that includes educational programming for parents and children on the process of divorce and separation. Individual county local rules govern specific parenting class requirements — contact your county court administrator to confirm whether a class is required in your jurisdiction.

Pennsylvania encourages but does not universally mandate mediation in divorce cases. Under 23 Pa.C.S. § 3904, the legislature authorized courts to establish voluntary mediation programs for divorce and custody matters. The Supreme Court adopted 231 Pa. Code Chapter 1940 establishing rules for court-connected custody mediation, including mediator qualifications (40-hour accredited program, bachelor's degree, domestic violence training) and confidentiality protections. Courts may order parties to attend a mediation orientation session, but actual mediation participation remains voluntary. Parties are required to mediate in good faith but cannot be compelled to reach an agreement. Courts may not order mediation orientation if a party or child has been subject to domestic violence or child abuse. Many counties offer free court-connected custody mediation, while private mediation for property and financial issues is available at the parties' expense.

Pennsylvania requires full financial disclosure in divorce cases involving claims for alimony, equitable distribution, counsel fees, or costs. Under Pa.R.Civ.P. 1920.31(a)(1), parties claiming alimony or counsel fees must file a true copy of their most recent federal income tax return, pay stubs for the preceding six months, a completed Income Statement per Pa.R.C.P. 1910.27(c)(1), and a completed Expense Statement per Pa.R.C.P. 1910.27(c)(2)(B). A party may not request court action on these claims until at least 30 days after filing these financial documents, and the opposing party must file reciprocal disclosures within 20 days of service. For equitable distribution claims under 23 Pa.C.S. § 3502, each party must file an inventory and appraisement listing all marital and non-marital property per Pa.R.Civ.P. 1920.33. The inventory must include a list of liabilities as of 30 days before the equitable distribution hearing. Failure to comply with financial disclosure requirements may result in sanctions under Pa.R.C.P. 4019.