Pennsylvania Consolidated Statutes Title 23 - Domestic Relations

Pennsylvania allows fault-based divorce on six grounds: desertion for one or more years, adultery, cruel and barbarous treatment endangering life or health, bigamy, imprisonment for two or more years, and indignities rendering the spouse's condition intolerable. The filing spouse must prove they are the 'innocent and injured' party.

Effective: 2024

A court may grant a divorce if the other spouse has been confined in a mental institution for at least 18 months immediately before the action was filed and there is no reasonable prospect of discharge within the next 18 months.

Effective: 2024

Both spouses can obtain a no-fault divorce by filing affidavits consenting to the divorce after a 90-day waiting period from the date the action was commenced. This is the fastest path to divorce in Pennsylvania when both parties agree. The court may require up to three counseling sessions if either party requests them.

Effective: 2024

A spouse can file for divorce without the other's consent by alleging the marriage is irretrievably broken and the parties have lived separate and apart for at least one year. 'Separate and apart' means cessation of cohabitation, even if both spouses still live in the same home. If the other spouse contests, the court holds a hearing to determine whether the one-year separation occurred.

Effective: 2024

At least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before filing for divorce. The action may be brought in the county where the defendant resides, or where the plaintiff resides if the defendant lives outside the Commonwealth.

Effective: 2024

All property acquired by either spouse during the marriage is presumed to be marital property, regardless of whose name is on the title. Non-marital (separate) property includes assets acquired before marriage, gifts and inheritances received by one spouse (except gifts between spouses), property excluded by a valid agreement, and property acquired after final separation. The increase in value of non-marital property during the marriage is marital property subject to division.

Effective: 2024

Pennsylvania is an equitable distribution state — the court divides marital property fairly, but not necessarily equally. The court considers 13 factors including the length of the marriage, each party's age and health, income and earning capacity, contribution to the other's education, opportunity for future earnings, the contribution of a homemaker, and the standard of living established during the marriage. Marital misconduct is not considered in property division.

Effective: 2024

If a spouse transfers, sells, or destroys marital property in an attempt to defeat the other spouse's property rights, the court can include the value of that property in the equitable distribution award. This prevents one spouse from hiding or dissipating assets before or during divorce proceedings.

Effective: 2024

The court must provide a written statement explaining the reasons behind its property distribution decision. This requirement ensures transparency and gives both parties a clear basis for any appeal if they believe the division was unfair.

Effective: 2024

Settlement agreements regarding property division, alimony, and other matters can be enforced as if they were court orders, whether or not the agreement is merged into the divorce decree. However, provisions about child support, visitation, or custody remain modifiable by the court upon a showing of changed circumstances.

Effective: 2024

The court may award sole custody, shared custody, primary custody, partial custody, or supervised physical custody to a parent, grandparent, or other eligible person based on the best interest of the child. If a party has a history of abuse, the court must include safety conditions in the custody order. There is a rebuttable presumption that a party who poses an ongoing risk of abuse should receive only supervised physical custody, with professional supervision preferred.

Effective: 2024

Courts must consider 16 factors when deciding custody, with substantial weighted consideration given to safety-related factors. The top factors include which parent is more likely to ensure the child's safety, any history of abuse, and violent or assaultive behavior. Other factors include parental duties performed, stability and continuity for the child, sibling relationships, the child's preference (based on maturity), which parent encourages contact with the other parent, and each parent's availability for care. No single factor is determinative, and no preference is given based on gender.

Effective: 2024

When a parent or household member has been convicted of certain crimes — including homicide, aggravated assault, sexual offenses, DUI, drug offenses, or violation of a protection order — the court must determine that the party does not pose a threat of harm before awarding custody. A conviction alone is not determinative; the court examines the totality of the circumstances. A parent convicted of first-degree murder of the other parent cannot receive custody unless the child consents.

Effective: 2024

Courts must investigate whether a party or household member has been identified as the perpetrator in an indicated or founded child abuse report, or whether the child has been the subject of such a report. The court considers the date, circumstances, and jurisdiction of the investigation before making custody decisions. This provision works alongside § 5329 to screen for risks to child safety.

Effective: 2024

A parent cannot relocate with a child unless every person with custody rights consents or the court approves. The relocating parent must give 60 days' written notice by certified mail before the proposed move. The non-relocating parent can file an objection, and the court must hold an expedited hearing before the relocation occurs. Relocating without proper notice can result in the court ordering the child's return, awarding attorney fees to the other parent, and treating the move as contempt of court.

Effective: 2025

Pennsylvania uses a statewide Income Shares Model for calculating child support, established by the state Supreme Court. The guidelines are based on the combined net incomes and earning capacities of both parents, with the support amount proportional to each parent's income share. The guidelines allow deviations for unusual needs, extraordinary expenses, and other factors. They are reviewed at least every four years as required by federal law.

Effective: 2024

After the divorce decree is entered, the court may award alimony to either spouse if it finds alimony is necessary. The court considers 17 factors including relative earnings, age and health, sources of income, contribution to the other's education, the effect of serving as custodial parent, relative education levels, assets and liabilities, length of the marriage, and marital misconduct. Alimony terminates automatically upon the recipient's remarriage and may be modified upon a substantial and continuing change in circumstances.

Effective: 2024

During the divorce proceedings, the court may order one spouse to pay temporary alimony (alimony pendente lite), spousal support, and reasonable attorney fees to the other spouse. This ensures the financially disadvantaged spouse can participate meaningfully in the divorce process and maintain their standard of living while the case is pending. A spouse convicted of a personal injury crime against the other is generally barred from receiving these payments.

Effective: 2024

If a party falls behind on alimony or support payments, the court has broad enforcement powers. The court can enter a money judgment, seize personal property, collect rents from real estate, attach up to 50 percent of wages, and issue contempt proceedings. Willful failure to comply with a support order can result in civil contempt with potential jail time.

Effective: 2024

Child support payments can be enforced through automatic income withholding from the obligor's wages. Employers who willfully fail to withhold or forward payments are liable for the unpaid amounts and may face contempt charges. Income withholding may be terminated when the support obligation has ended and all arrears are paid, when the payee cannot be located, or when continued withholding would be unconscionable.

Effective: 2024

Pennsylvania defines 'separate and apart' as the cessation of cohabitation, whether or not the spouses still live under the same roof. This is critical for the one-year separation ground under § 3301(d). Once a divorce complaint is filed and served, there is a legal presumption that the parties began living separate and apart no later than the service date.

Effective: 2024

The court may require up to three counseling sessions when either party requests them, depending on the grounds for divorce. This applies to divorces based on indignities, mutual consent (within the 90-day waiting period), and irretrievable breakdown during any court-ordered continuation period. The court must notify both parties of the availability of counseling and provide a list of qualified professionals, though the parties may choose any qualified professional.

Effective: 2024

The divorce decree must address all issues raised in the pleadings, including property division, custody, child support, alimony, and attorney fees. The court may bifurcate the divorce — entering the divorce decree before all financial and custody issues are resolved — but only if both parties consent or sufficient economic protections are in place. The decree must also warn the parties to update beneficiary designations on life insurance, pensions, and other accounts, since failure to do so may result in automatic revocation under Pennsylvania law.

Effective: 2024

If the grounds for divorce are established through mutual consent (§ 3301(c)) or the one-year separation (§ 3301(d)), the court must grant the divorce without requiring a hearing on any other grounds. This streamlines the process and prevents one spouse from delaying the divorce by raising additional fault-based claims when the no-fault ground has already been proven.

Effective: 2024

A court issuing a protection from abuse (PFA) order can evict the abuser from the shared home, grant temporary custody, order the abuser to pay support, prohibit contact with the victim, and require the defendant to relinquish all firearms, ammunition, and firearms licenses within 24 hours. Violation of a PFA order is indirect criminal contempt. Final PFA orders automatically include a firearms prohibition, and the defendant must inform the court how they will relinquish their weapons.

Effective: 2024

Prenuptial agreements are presumed enforceable in Pennsylvania. A party challenging a prenup must prove, by clear and convincing evidence, either that they did not sign voluntarily, or that they were not given fair financial disclosure, did not waive disclosure in writing, and lacked adequate knowledge of the other party's finances. All three conditions must be met for the lack-of-disclosure argument to succeed. The agreement must be in writing and signed by both parties.

Effective: 2024

When a parent or household member has a pending criminal charge for certain violent or sexual offenses, the court must consider that charge when making a custody determination. The court may impose interim safety conditions or restrict custody while the charge is pending. This section ensures children are protected even before a conviction is obtained.

Effective: 2024

If a parent is delinquent on child support, the court can suspend or deny their driver's license, occupational license, or recreational license (such as hunting or fishing licenses). This enforcement tool provides strong motivation for parents to stay current on their support obligations, since loss of a driver's or professional license directly impacts the ability to work and maintain daily life.

Effective: 2024

Any party to a divorce action may resume a prior surname at any time before or after the divorce decree is entered. The process requires only filing a written notice with the prothonotary (clerk of court) in the county where the divorce was filed — no court petition or hearing is required. This applies to both maiden names and surnames from prior marriages. For divorces granted in another state, the person files a certified copy of the foreign decree in their county of residence.

Effective: 2024