How do I file for divorce in Pennsylvania?

Pennsylvania divorce is governed by the Divorce Code, 23 Pa.C.S. § 3101 et seq.

1. Residency Requirements — One spouse must have been a Pennsylvania resident for at least 6 months before filing.

2. No-Fault Grounds — Two no-fault paths: (a) Mutual Consent under § 3301(c) — both file affidavits after a 90-day waiting period from service; or (b) Irretrievable Breakdown under § 3301(d) — one spouse files after 1 year of separation.

3. Fault Grounds — Available but rarely used: desertion (1+ year), adultery, cruel treatment, bigamy, imprisonment (2+ years), and indignities.

4. Required Forms — File a Complaint in Divorce, Notice to Defend and Claim Rights, and Verification. Affidavits of Consent (3301(c)) or Affidavit Under § 3301(d) follow later.

5. Filing Fee — Approximately $300–$400 depending on county. In Forma Pauperis petitions available.

6. Service of Process — Service by sheriff, certified mail with return receipt, or acceptance of service.

7. Waiting Period — 90 days minimum (mutual consent) or 1 year of separation (unilateral).

8. Property Division — Pennsylvania is an equitable distribution state. Marital property — assets and debts acquired during marriage — is divided equitably (not necessarily equally) considering 11 statutory factors.

9. Final Decree — The court enters a Decree in Divorce. Economic claims (alimony, equitable distribution) must be raised before or in the divorce complaint or are waived.

This is legal information, not legal advice.