Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.
In Pennsylvania, a divorce can be completed on average in a minimum of 270 days, with court fees of $317.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Pennsylvania for a minimum of six months.
On this page, you can learn about Pennsylvania's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Pennsylvania alimony calculation, the property division process and more.
| ? No Fault Sole Ground | |
| ? No Fault Added to Traditional | |
| ? Incompatibility | |
| ? Living Separate and Apart | |
| ? Judicial Separation | |
| ? Durational Residency Requirements | |
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In Pennsylvania a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.
Grounds for divorce include:
One of the parties seeking a divorce must have resided in the State for a period of six months prior to filing. The parties must have also been seperated for 2 years before a divorce will be granted.The divorce may be filed in the either county in which the parties reside.
In state of Pennsylvania a number of factors are taken into account when ending a marriage.
1. Pennsylvania Grounds for Divorce FAQ
2. Pennsylvania Divorce Process FAQ
3. Pennsylvania General Divorce FAQ
Is Pennsylvania a no-fault divorce state?
Pennsylvania allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Pennsylvania may be "irreconcilable differences", or similar grounds.
Does Pennsylvania allow at-fault divorces?
In addition to no-fault grounds for divorce, Pennsylvania is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Pennsylvania's at-fault divorce grounds, such as adultery, abuse, or insanity.
In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.
Does the state of Pennsylvania allow incompatibility as grounds for divorce?
Yes, Pennsylvania does allow incompatibility to be used as grounds for having a divorce.
Can you get a divorce in Pennsylvania for living separate and apart?
In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.
In Pennsylvania, married couples who have been living separate and apart for a minimum of three months may be granted a divorce on these grounds when sued for by either spouse.
Does state of Pennsylvania allow legal separation?
Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.
Pennsylvania does not grant judicial separation orders to married couples who wishes to live separately, so a divorce petition should be pursued instead.
What's the difference between a divorce and an annulment in Pennsylvania?
While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.
Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.
How long do I have to live in in the state of Pennsylvania to get a divorce?
The state of Pennsylvania requires that spouses suing for divorce to have lived in the state for a minimum of six months prior to filing divorce papers. Otherwise, Pennsylvania courts are not considered to have jurisdiction over the divorce case.
What is the filing fee for a divorce in Pennsylvania?
The court fees for filing the paperwork for a basic divorce in a Pennsylvania court is $317.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
How long does it take to get a divorce in Pennsylvania?
If the process moves along without holdups, the paperwork for a divorce in Pennsylvania can be processed in a minimum of 270 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.
Can my spouse stop me from getting a divorce?
Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Pennsylvania. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.
Pennsylvania permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Pennsylvania.
Does Pennsylvania have any limitations on remarriage after a divorce?
Pennsylvania has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.
What is the divorce rate in Pennsylvania?
According to the most recent CDC study, the yearly divorce rate in Pennsylvania is 7 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.
Does Pennsylvania recognize same sex divorces?
Since same-sex marriage was legalized nationwide in 2015, all states that previously did not allow same sex marriages, including Pennsylvania, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.
Section(s):
23 PA. CONS. STAT. ANN. 3301 23 PA. CONS. STAT. ANN. 3104
(a) Jurisdiction.--The courts shall have original jurisdiction in cases of divorce and for the annulment of void or voidable marriages and shall determine, in conjunction with any decree granting a divorce or annulment, the following matters, if raised in the pleadings, and issue appropriate decrees or orders with reference thereto, and may retain continuing jurisdiction thereof:
(1) The determination and disposition of property rights and interests between spouses, including any rights created by any antenuptial, postnuptial or separation agreement and including the partition of property held as tenants by the entireties or otherwise and any accounting between them, and the order of any spousal support, alimony, alimony pendente lite, counsel fees or costs authorized by law.
(2) The future care, custody and visitation rights as to children of the marriage or purported marriage.
(3) Any support or assistance which shall be paid for the benefit of any children of the marriage or purported marriage.
(4) Any property settlement involving any of the matters set forth in paragraphs (1), (2) and (3) as submitted by the parties.
(5) Any other matters pertaining to the marriage and divorce or annulment authorized by law and which fairly and expeditiously may be determined and disposed of in such action.
(b) Residence and domicile of parties.--No spouse is entitled to commence an action for divorce or annulment under this part unless at least one of the parties has been a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement of the action.  Both parties shall be competent witnesses to prove their respective residence, and proof of actual residence within this Commonwealth for six months shall create a presumption of domicile within this Commonwealth.
(c) Powers of court.--The court has authority to entertain an action under this part notwithstanding the fact that the marriage of the parties and the cause for divorce occurred outside of this Commonwealth and that both parties were at the time of the occurrence domiciled outside this Commonwealth.  The court also has the power to annul void or voidable marriages celebrated outside this Commonwealth at a time when neither party was domiciled within this Commonwealth.
(d) Foreign forum.--After the dissolution or annulment of a marriage in a foreign forum where a matter under subsection (a) has not been decided, a court of this Commonwealth shall have jurisdiction to determine a matter under subsection (a) to the fullest extent allowed under the Constitution of the United States.
(e) Venue.--A proceeding for divorce or annulment may be brought in the county:
(1) where the defendant resides;
(2) if the defendant resides outside of this Commonwealth, where the plaintiff resides;
(3) of matrimonial domicile, if the plaintiff has continuously resided in the county;
(4) prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides;  or
(5) after six months after the date of final separation, where either party resides.
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