Pennsylvania divorce at a glance
Confirm with your county before filing — fees and rules can vary.
Pennsylvania divorce: mutual consent or the year
Pennsylvania runs on a two-door system. The mutual consent route under 23 Pa.C.S. § 3301(c) has both spouses sign affidavits that the marriage is irretrievably broken, and it carries a mandatory 90-day waiting period measured from service — a clock that cannot be shortened or waived. The other door, § 3301(d), needs one year of living separate and apart, and it is the fallback when a spouse refuses to consent: the reluctant spouse can delay but cannot block the divorce permanently.
Filing requires six months as a bona fide Pennsylvania resident under 23 Pa.C.S. § 3104(b), with no separate county rule. The Complaint in Divorce goes to the Court of Common Pleas in the defendant’s county, and the uniform paperwork starts with Form 1, the Notice to Defend and Divorce Complaint, followed by Form 4 if service lapses and Form 5 to notify the spouse before transmitting the record.
Property is divided equitably under 23 Pa.C.S. § 3501, and spousal support and alimony are separate awards under § 3701. Child support follows the Pennsylvania Child Support Guidelines. Filing fees run $135 to $388 depending on the county — Philadelphia sits near the top at $333.73.