By Neta, founder of SortMyDivorce · Published · Updated
6 months in Pennsylvania before filing, then 90 days from commencing the action on the mutual-consent ground. Pennsylvania does not recognize legal separation.
Pennsylvania divorce runs through the Court of Common Pleas under the state's Divorce Code, and two paths — a 90-day mutual consent process and a one-year separation route — shape almost every early decision you'll make.
| Residency requirement | At least one spouse must be a bona fide Pennsylvania resident for at least 6 months immediately before filing (23 Pa.C.S. § 3104). |
|---|---|
| Grounds | No-fault has three routes: mutual consent under 3301(c)(1); presumed consent under 3301(c)(2), where the other spouse has been convicted of a personal injury crime against the filing spouse; and one-year separation under 3301(d). Section 3301(b) additionally allows divorce where a spouse has been institutionalized for at least 18 months. Fault grounds under 3301(a) — desertion, adultery, cruel and barbarous treatment, bigamy, imprisonment for 2+ years, and indignities — remain available but are rarely used. |
| Waiting period | Mutual consent: the 3301(c)(1) ground requires 90 days from commencement of the action — that is, from filing the complaint. Separately, under Pa.R.C.P. 1920.42 each spouse's Affidavit of Consent must be signed at least 90 days after SERVICE of the complaint, and filed within 30 days of signing. Those are two different clocks and the affidavit one runs from service, not filing. Without consent: 1 year of living separate and apart (2 years if the separation began before December 5, 2016). |
| Legal separation | Pennsylvania does not recognize legal separation — there is no separation decree or status to file for, and no bed-and-board action survives. Couples live apart and use a written separation agreement to settle support, property and parenting in the meantime. You can, however, file for spousal support on its own without filing for divorce (23 Pa.C.S. § 4321). |
| If you were never married | Pennsylvania does not create common-law marriage, and living together gives neither partner property or support rights. Claims rest on agreements between you. A common-law marriage validly formed in a state that does create them is generally still recognised. |
| Where you file | Court of Common Pleas — filed with the Prothonotary or Office of Judicial Records in the county where either spouse lives, or in a county the parties have agreed to (Pa.R.C.P. 1920.2). Note that the statute's narrower venue rule at 23 Pa.C.S. § 3104(e) is suspended for divorce practice, so the rule governs. Only some counties, such as Philadelphia and Allegheny, have a separate Family Division. |
| Filing fee | Set by each county and varies — confirm current amount with your county Prothonotary's office. Those who can't afford it may request a waiver by filing an In Forma Pauperis petition. Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | Notice to Defend and Divorce Complaint, filed alongside a Self-Represented Party Entry of Appearance if unrepresented. For mutual consent, an Affidavit of Consent and a 3301(c)(1) Counter-Affidavit follow later. Standardized statewide forms are published on pacourts.us. |
| Simplified option | There is no statutory 'simplified divorce' in Pennsylvania, but the 3301(c)(1) mutual-consent route is the closest equivalent when both spouses agree, and the courts publish a standardized form set for self-represented filers using it. |
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Pennsylvania is an equitable distribution state, not a community property state: marital property (generally what either spouse acquired during the marriage, regardless of whose name is on it) is divided fairly, which does not always mean equally. Courts weigh factors like the length of the marriage, each spouse's income and earning capacity, contributions to the household, and who will have custody of the home. Property you owned before the marriage, and most inheritances or gifts received individually, typically stay separate — but only if you can show that with records.
Pennsylvania offers three no-fault paths, and which one applies changes your timeline entirely. Under Section 3301(c)(1), if both spouses consent, the ground becomes available 90 days after the action is commenced — that is, from when the complaint is filed. The affidavits themselves run on a different clock: under Pa.R.C.P. 1920.42 each Affidavit of Consent must be signed at least 90 days after the complaint was SERVED, and filed within 30 days of signing. Those two dates are not the same and mixing them up is the most common way this route goes wrong. Section 3301(c)(2) presumes consent where a spouse has been convicted of a personal injury crime against the other. Under Section 3301(d), if one spouse doesn't consent, the other can proceed unilaterally after the couple has lived 'separate and apart' for one year. Fault-based grounds (adultery, desertion, cruelty, and others) still exist but are used far less often, since they rarely change the outcome and add time and conflict.
Filing happens in the Court of Common Pleas, Family Division, in the county where either spouse lives. Because Pennsylvania is organized by county, local rules on scheduling, conciliation conferences, and mandatory parenting classes vary — checking your specific county court's website early avoids surprises.
Start collecting records now, since Pennsylvania's equitable distribution process depends heavily on being able to show what you owned and when. Pull together: three years of tax returns, recent pay stubs, statements for every bank, retirement (401(k), pension, IRA), and investment account, mortgage and property tax records, and any business financials if either spouse is self-employed. If you're claiming something as separate property — an inheritance, a gift, an asset owned before the marriage — gather the original paperwork and any records tracing that money or asset to what you hold today. In Pennsylvania, the burden of proving something is separate rather than marital generally falls on the spouse claiming it.
The date of separation matters a great deal here, both for the one-year path to divorce and for how property is generally valued. Pennsylvania courts typically look to the date of final separation, so establishing and documenting that date — through a letter, a move-out record, or a signed separation agreement — is worth doing carefully rather than leaving it vague. Keep every letter exchanged with the other spouse or their lawyer from the start; those letters often become the clearest evidence of when separation actually began and what each side proposed along the way.
Child custody in Pennsylvania is decided under the best-interest-of-the-child standard set out in the state's Custody Act, which lists specific factors courts consider — things like each parent's ability to care for the child, the child's relationship with each parent, and any history of abuse. Many counties require parents to attend a custody conciliation conference or mediation session before a contested hearing. Child support follows the Pennsylvania Child Support Guidelines, an income-shares model based on both parents' combined net incomes, and spousal support or alimony pendente lite (support paid while the divorce is pending) can also come into play depending on the couple's finances.
Detailed, concrete parenting proposals — schedules, holidays, decision-making responsibilities — tend to move more smoothly through Pennsylvania's courts than vague requests, since judges and conciliators are generally working from a checklist of factors, not general impressions.
Pennsylvania is one of the states where legal separation simply does not exist. There is no petition to file and no decree to obtain, so couples who want to live apart without divorcing do so informally.
The tool that does the work is a separation agreement: a private written contract setting out who pays what, who lives where and how parenting works while you are apart. It is not a court order, but it is binding between you, and it is what a court will generally look to later.
Living apart is not the same as being divided. Until a divorce is finalised you are still married, with whatever that means for property and debt in this state — worth confirming with a local family lawyer before assuming that moving out has drawn a line.
Pennsylvania does not create common-law marriage. There is no number of years of living together that turns into a marriage here, and none of the divorce machinery on this page applies to a couple who never married — no property division, no spousal support, no residency requirement to satisfy, because there is nothing to dissolve.
What unmarried partners have instead are ordinary civil claims: whatever you agreed between yourselves, in writing or by clear conduct, and claims over property you actually hold jointly. These are argued like any other contract or property dispute rather than as family-law entitlements, and they turn on what can be proved.
One qualification runs the other way and matters. A common-law marriage validly formed in a state that does create them — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised elsewhere. A couple who met that state's test while living there, and later moved here, are married, and separating means divorcing. Children are unaffected either way: custody and child support are decided on the same basis whether or not the parents married.
1) Start your financial records binder now, before positions harden — equitable distribution cases move faster when both sides can point to real documents. 2) Decide early whether mutual consent (the 90-day path) is realistic for your situation, since it depends on actual agreement, not just paperwork. 3) If consent isn't likely, mark your separation date clearly and keep it documented, since it anchors the one-year unilateral path. 4) Get at least one consultation with a Pennsylvania family law attorney, even if you plan to handle parts of the process yourself — county rules and conciliation requirements vary enough that local advice pays off early. 5) Track every deadline any letter sets, including responses to settlement proposals and financial disclosure requests; Pennsylvania correspondence often carries real timelines attached, and letting one slip can cost negotiating leverage later.
At least one spouse must have been a bona fide Pennsylvania resident for the six months immediately before filing. Living in the state for six months creates a legal presumption of residency, so keep a record (lease, utility bills) if this could be disputed.
Most people use one of two no-fault paths: mutual consent under Section 3301(c)(1) if both spouses agree, or the one-year separation path under Section 3301(d) if they don't. Fault grounds exist but rarely change the outcome and add time and conflict.
File the complaint with the Prothonotary or Office of Judicial Records in the county where you or your spouse lives. Self-represented filers should also file a Self-Represented Party Entry of Appearance.
Pennsylvania requires you to formally serve a copy of the complaint on your spouse following the procedures in Pa.R.Civ.P. Chapter 1920, then file a Certificate of Service with the court showing it was done.
For mutual consent there are two clocks, and they do not start together. The 3301(c)(1) ground requires 90 days from commencement of the action — from filing the complaint. Each Affidavit of Consent must separately be signed at least 90 days after the complaint was SERVED on the other spouse. For the unilateral track, you must reach one year (or two, if separation began before December 5, 2016) of living separate and apart.
In a mutual consent case, each spouse signs an Affidavit of Consent (with a matching Counter-Affidavit) once their 90 days from service have passed — and it must then be filed within 30 days of signing, or it lapses. In a separation case, the filing spouse submits an affidavit under Section 3301(d) establishing the separation period.
Pennsylvania divides marital property under equitable distribution, not a 50/50 rule, and any child custody or support terms follow the state's Custody Act factors and Child Support Guidelines. These can be settled by agreement or decided by the court as part of the case.
Once the required affidavits, waivers, and any ancillary claims are on file, submit a Final Praecipe to Transmit Record asking the court to move the case toward a decree.
The court reviews the file and enters the Divorce Decree. Provide self-addressed, stamped envelopes so the court can mail copies of the final decree to both spouses.
If both spouses consent, you can generally proceed under the 3301(c)(1) mutual consent process — the ground opens 90 days after the complaint is filed, and each Affidavit of Consent must be signed at least 90 days after the complaint was served and filed within 30 days of signing. Without mutual consent, one spouse can generally proceed after the couple has lived separate and apart for one year. Confirm current timelines and county practice with a local family law attorney.
No. Pennsylvania uses equitable distribution, meaning marital property is divided fairly based on a set of factors, which does not always mean an even split. Property owned before the marriage or received individually as a gift or inheritance is often treated separately, if it can be traced.
Yes, significantly. It generally affects how property is approached for distribution and is central to the one-year unilateral divorce path. Documenting that date clearly — in writing, where possible — is worth doing early rather than leaving it to memory later.
No. Pennsylvania law does not provide for legal separation, so there is no court status to apply for. Spouses who want to live apart without divorcing generally sign a separation agreement, which is a contract between them rather than a court order. It can cover support, the family home and parenting. Until a divorce is finalised you remain married, so confirm what that means for property in your situation before relying on living apart.
No. Pennsylvania does not create common-law marriage, and living together for any length of time gives neither partner property division nor spousal support. Unmarried partners rely instead on agreements between themselves and on claims over jointly held property, argued as ordinary civil matters. One important exception: a common-law marriage validly formed in a state that does create them — such as Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised here, so that couple would need a divorce. Custody and child support apply regardless of marriage.
If you are in immediate danger, call 911. There is no statewide crisis line here that we could verify, so use the national one: contact the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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