Pennsylvania Divorce Laws: Residency, Waiting Period, Custody and Support
Pennsylvania divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Pennsylvania
- Residency requirement
- At least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before the divorce or annulment action is filed. 23 Pa.C.S. 3104(b)
- Waiting period
- For a mutual consent divorce, at least 90 days must pass after the action is filed before the divorce can be granted. 23 Pa.C.S. 3301(c), (d)
- Dividing property
- Pennsylvania uses equitable distribution. On request, the court divides marital property in the percentages it considers just, without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills and… 23 Pa.C.S. 3501; 3502
- Filing fee
- Filing costs vary by county and by type of document, and the Pennsylvania courts note some filing costs may be in the hundreds of dollars. Unified Judicial System of Pennsylvania, Representing Yourself: Divorce Proceedings
- When child support ends
- Parents are liable to support their unemancipated children who are 18 or younger, and the law says parents may also be liable to support children 18 or older. 23 Pa.C.S. § 4321; Pa.R.C.P. 1910.19(e)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | At least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before the divorce or annulment action is filed. Source: 23 Pa.C.S. 3104(b) |
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| Grounds for divorce | Pennsylvania has two no-fault grounds: mutual consent (the marriage is irretrievably broken, 90 days have passed since filing, and both spouses file affidavits of consent), and irretrievable breakdown after the spouses have lived separate and apart for at least one year. Consent is presumed for a spouse convicted of a personal injury crime against the other. Fault grounds also exist: willful and malicious desertion for one year or more, adultery, cruel and barbarous treatment, bigamy, imprisonment for two or more years, and indignities that make life intolerable. A divorce may also be based on a spouse's confinement in a mental institution for at least 18 months with no reasonable prospect of discharge. Source: 23 Pa.C.S. 3301 |
| Waiting period | For a mutual consent divorce, at least 90 days must pass after the action is filed before the divorce can be granted. For an irretrievable breakdown divorce without consent, the spouses must have lived separate and apart for at least one year; if the court finds a reasonable prospect of reconciliation, it continues the case for 90 to 120 days and requires counseling if requested. Source: 23 Pa.C.S. 3301(c), (d) |
| Filing fee | Filing costs vary by county and by type of document, and the Pennsylvania courts note some filing costs may be in the hundreds of dollars. A person who cannot afford the fees may file an In Forma Pauperis petition with income and expense information at the county Prothonotary or Office of Judicial Records. Check the county court's fee schedule; no statewide amount is published. |
| Uncontested or simplified divorce | Spouses who agree can use the mutual consent ground: after 90 days from filing, each spouse files an affidavit of consent, and the court grants the divorce without a hearing on other grounds. The Pennsylvania courts publish statewide forms for no-fault mutual consent divorces under section 3301(c), and county courts may have additional procedures. |
| Divorce forms | Pennsylvania's Unified Judicial System posts statewide divorce forms for self-represented parties, grouped by grounds: no-fault mutual consent (23 Pa.C.S. § 3301(c)(1)), presumed consent after a personal injury crime (§ 3301(c)(2)), and irretrievable breakdown after separation (§ 3301(d), one year for separations starting on or after December 5, 2016). Core forms include the Self Represented Party Entry of Appearance, Notice to Defend and Divorce Complaint (Form 1), Affidavit of Consent or § 3301(d) Affidavit, Counter-Affidavit, Waiver of Notice, Affidavit of Non-Military Service (Form 10), Final Praecipe to Transmit Record, Divorce Decree and Notice of Intention to Resume Prior Surname, plus service forms such as the Acceptance of Service (Form 3a). Completed forms are printed and taken to the designated county courthouse office; check local requirements with county court administration. |
Property and alimony
| Dividing property | Pennsylvania uses equitable distribution. On request, the court divides marital property in the percentages it considers just, without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills and needs, contributions to the other's education or earning power, contributions as a homemaker, dissipation, standard of living, tax consequences and custody of children. Marital property is property acquired during the marriage plus certain increases in value of nonmarital property. It does not include property owned before the marriage, property excluded by a valid agreement, gifts (except between spouses) and inheritances, property acquired after final separation (except in exchange for marital assets), and certain veterans' benefits. Source: 23 Pa.C.S. 3501; 3502 |
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| Alimony (spousal support) | After a divorce decree, the court may award alimony to either spouse only if it finds alimony is necessary. Factors include relative earnings and earning capacities, ages and health, sources of income, expectancies and inheritances, length of the marriage, contributions to the other's education or earning power, effect of child custody on earning power, standard of living, education and time needed for training, assets and liabilities, property brought to the marriage, homemaker contributions, needs, marital misconduct before final separation (and abuse at any time), tax effects, whether the spouse lacks enough property for reasonable needs, and whether the spouse is unable to be self-supporting. The court sets a definite or indefinite duration that is reasonable; there is no statutory formula. Source: 23 Pa.C.S. 3701 |
Children: custody and support
| Child custody | The court decides custody based on the best interest of the child, giving substantial weight to factors affecting the child's safety, including which party is more likely to keep the child safe, past or present abuse, child abuse history and violent behavior. Other factors include cooperation and conflict between the parties, each party's willingness to provide care and stability, the need for continuity in education and community, sibling and family relationships, and the child's well-reasoned preference based on developmental stage, maturity and judgment. Between parents there is no presumption that custody should go to a particular parent. The statute does not set a specific age for the child's preference. Source: 23 Pa.C.S. 5327; 5328 |
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| Emergency and temporary custody | At any time after a custody action is started, the court may, on a party's application or on its own, grant appropriate interim or special relief, including temporary legal or physical custody. The rule does not limit the court to the listed types of relief. Source: Pa.R.C.P. 1915.13 |
| Parenting class or mediation | The court may direct parties in a custody case to attend informational programs about parental duties, but the case and any order or decree may not be delayed because a party did not take part. The court may also require counseling as part of a custody order (only individual counseling for an abuser, never joint counseling in abuse situations). In divorce cases based on indignities, mutual consent or irretrievable breakdown, the court must require up to three counseling sessions if either party requests it, except over the objection of a party protected by an abuse order. Source: 23 Pa.C.S. 5332; 5333; 3302 |
| Grandparents' rights | Grandparents and great-grandparents may seek partial physical custody or supervised physical custody when the child's parent (their child) has died; when their relationship with the child began with a parent's consent or a court order and the parents have started a custody case and disagree about grandparent custody; or when the child lived with them for at least 12 consecutive months and was removed by the parents (the action must be filed within six months of removal). In a case between a parent and a nonparent, the parent is presumed entitled to custody unless rebutted by clear and convincing evidence. Source: 23 Pa.C.S. 5325; 5327(b) |
Child support
| Child support | Child support follows a statewide guideline set by Supreme Court rule (Pa.R.C.P. 1910.16-1 and following), placing primary emphasis on the parties' net incomes and earning capacities; the guideline amount is presumed correct. The parents' combined monthly net income and number of children determine the basic support amount from the Basic Child Support Schedule, and each parent's share is based on that parent's percentage of combined net income (an income shares approach). The Pennsylvania Child Support Program offers an online support estimator; the court sets the actual amount. |
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| How to apply for child support | Child support cases are handled by the Domestic Relations Section (DRS) of each county court. You can apply online through the Pennsylvania Child Support Program's E-Services (registration required); the request is forwarded to your county DRS, and it is not officially filed until the DRS reviews and accepts it. You can also print and submit the paper forms (Social Security Disclosure, Application for Child or Spousal Support, Intake Questionnaire and Complaint for Support) to your county DRS; call first to see if an appointment is needed. Pennsylvania courts charge a $40.25 fee for every new court action, which the DRS adds to the paying parent's balance. A $35 annual federal fee applies to a parent who receives $2,000 or more in support in a year, unless that parent has ever received cash assistance. State overview: https://www.pa.gov/services/dhs/apply-for-child-support-services |
| When child support ends | Parents are liable to support their unemancipated children who are 18 or younger, and the law says parents may also be liable to support children 18 or older. Under the Pennsylvania Rules of Civil Procedure, the county domestic relations section sends an emancipation inquiry before a child's support ends; if no other children are covered and the parent receiving support does not respond within 30 days or does not give grounds for continuing support, the order is ended administratively on the later of the date the last child turns 18 or graduates from high school. Rule 1910.19: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.19.html |
| Changing a child support order | A petition to modify a support order may be filed at any time and must be granted if the person asking shows a substantial change in circumstances. The petition must state the material and substantial change it is based on; a new guideline amount from revised support guidelines, or newly identified income or assets, may count. In addition, on request of either parent (or automatically when the family receives cash assistance), each order is reviewed at least once every three years, and in that review the court adjusts the order by applying the statewide guidelines without requiring proof of a change in circumstances. Incarceration (other than for nonpayment of support) can be a material and substantial change. Petitions are filed with the county Domestic Relations Section. Rule 1910.19: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.19.html |
| If child support isn't paid | Support orders generally provide for mandatory attachment of income (wage withholding). Other tools in Pennsylvania law include reporting overdue support to credit bureaus (after notice and up to 20 days to contest); state income tax refund intercept; intercepting Pennsylvania Lottery winnings over $2,500; county publication of names of parents 30 or more days behind; liens, including on the net proceeds of certain awards; and orders to deny, refuse to renew or suspend licenses when income cannot be attached and the parent owes three or more months of support (after 30 days' notice). A person who willfully fails to obey a support order can be held in contempt, punishable by up to six months in jail, a fine up to $1,000 and/or up to one year of probation. Willfully failing to pay when able to pay is also a separate offense (generally a summary offense, and in some cases a third-degree misdemeanor). |
| State child support agency | The Pennsylvania Child Support Program (Department of Human Services) handles child support through each county's Domestic Relations Section (DRS). Through the PA Child Support Website you can request support services (new support application, modification, recovery of overpayment or withdrawal of a pending complaint), make payments, print a payment coupon, estimate support and look up case information; online requests are forwarded to the county DRS, which must review and accept them before anything is filed with the court. Register or log in on the PA Child Support Website. For questions, contact your county DRS. PA Child Support Website: https://www.humanservices.dhs.pa.gov/csws/home_controller.aspx?Preference=Desktop&Owner=Client |
Separation, annulment, records and marriage
| Annulment | A marriage is void (unless confirmed by living together after the impediment is removed) if either party already had a living spouse, the parties are too closely related, either party lacked capacity to consent or did not intend to consent, or either party to a common-law marriage was under 18. A marriage is voidable if a party was under 16 without court authorization; a party was 16 or 17 without parental consent or court authorization and did not ratify the marriage at 18 (action within 60 days of the ceremony); a party was under the influence of alcohol or drugs (action within 60 days); a party is incurably impotent and the other did not know; or a party was induced to marry by fraud, duress, coercion or force without later voluntary cohabitation. Source: 23 Pa.C.S. 3304; 3305 |
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| Common-law marriage | No common-law marriage contracted after January 1, 2005 is valid in Pennsylvania. Common-law marriages that were otherwise lawful and contracted on or before January 1, 2005 remain valid. Source: 23 Pa.C.S. 1103 |
| Changing your name after divorce | A party in a divorce action may resume any prior surname, before or after the divorce decree, by filing a written notice with the prothonotary of the county where the divorce was filed or entered, showing the caption and docket number. A person divorced in another jurisdiction may file a certified copy of that decree in their county of residence and then file the notice. Source: 54 Pa.C.S. 704 |
| Divorce records | The Pennsylvania Department of Health does not have divorce records. Divorce records are kept in the Prothonotary's Office of the county where the divorce was granted, so copies of a divorce decree are requested from that county Prothonotary. |
Marriage and name changes
| Getting a marriage license | Both parties must file a written, verified application and appear in person to be examined under oath about the legality of the marriage and any prior marriages (an affidavit is allowed for someone on active military service or when the register of wills office is closed by an emergency). The issuing official must be satisfied as to both applicants' identity. The license cannot be issued until the third day after the later of the two applications, unless a court allows it sooner for an emergency or for a reservist called to active duty. The license is valid for 60 days and may be used anywhere in Pennsylvania. No statewide license fee is set in Chapter 13; ask the county office that issues marriage licenses (the statute refers to the register of wills). |
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| Minimum marriage age | No marriage license may be issued if either applicant is under 18. Since a 2020 amendment, there is no exception for parental consent or court approval. Source: 23 Pa.C.S. § 1304(b) |
| Legal name change | File a petition in the court of common pleas of the county where you live, stating the reason and your residences for the past five years. The court sets a hearing one to three months after filing and orders notice published in two newspapers of general circulation (one may be the county's official legal-notice paper); notice is waived and the file sealed if notice would endanger the petitioner or their child. At the hearing you must show proof of publication and an official search showing no judgments or similar matters against you in counties where you lived in the past five years. Fingerprints are sent to the State Police, at your cost. People convicted of certain serious felonies cannot change their name, and other felons must wait two years after completing their sentence (or be pardoned). Source: 54 Pa.C.S. §§ 701, 702 |
Adoption, guardianship and paternity
| Adoption requirements | Any individual may adopt. Adoption cases are handled by the county court of common pleas. Consent is required from the adoptee if over 12, the adopting parent's spouse (unless joining the petition), the parents of a minor, and in some cases a guardian or custodian; a consent signed before or within 72 hours after birth is invalid. A parent's consent is not needed if parental rights were terminated or the court finds grounds for involuntary termination, such as conduct for at least six months showing a settled purpose of giving up parental claim or a failure to perform parental duties. When an intermediary (agency or other person) places a child, a favorable home study and preplacement report must be completed first, and a person taking custody of a child to adopt must generally file a report of intention to adopt, after which the court orders an investigation. |
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| Stepparent adoption | When a parent consents to adoption of the child by their spouse, the parent keeps their own parent-child relationship whether or not they join the petition. The other parent must consent unless their rights are terminated; a parent may petition to terminate the other parent's rights on grounds such as at least six months of conduct showing a settled purpose of relinquishing parental claim or refusal or failure to perform parental duties. No report of intention to adopt is required when the child is the adopting person's stepchild, and the court-ordered investigation is tied to that report. |
| Guardianship of a child | A guardian of the person or estate of a minor may be appointed by the court of the county where the minor lives. A person nominated by a minor over 14 is preferred if the court finds the person qualified and suitable, and a person of the same religion as the parents is preferred as guardian of the person. If a minor's entire estate is worth $25,000 or less, it can in some situations be handled without appointing a guardian. Source: 20 Pa.C.S. §§ 5101, 5111, 5113 |
| Guardianship of an adult | Any person interested in the welfare of an alleged incapacitated person domiciled in Pennsylvania may petition; the person must be personally served with a plain-language notice of the hearing and their rights. The court may find incapacity and appoint a guardian of the person or estate only on clear and convincing evidence, after specific findings about the person's condition, their capacity to make and communicate decisions, and the need for guardianship in light of family, friends and other supports. The court must find each less restrictive alternative insufficient before ordering guardianship; listed alternatives include durable and financial powers of attorney, health care powers of attorney and representatives, living wills, trusts (including special needs trusts), representative payees, ABLE accounts and mental health advance directives. The court must prefer less restrictive alternatives and, if guardianship is needed, a limited guardianship. Source: 20 Pa.C.S. §§ 5511, 5512.1 |
| Establishing paternity | The father of a child born to an unmarried woman may sign an acknowledgment of paternity, with the mother's witnessed consent, on forms of the Department of Public Welfare and file it with that department; hospitals must offer the form at birth. A signed, witnessed acknowledgment is a legal finding of paternity, but any signer may rescind within the earlier of 60 days or the date of an administrative or court proceeding about the child (such as a support conference) in which the signer is a party. After 60 days, it can be challenged in court only for fraud, duress or material mistake of fact, proved by clear and convincing evidence. If the mother does not join, the filing is indexed as a claim of paternity. In court cases, the court must order the mother, child and alleged father to submit to blood (genetic) tests on a party's timely motion. Source: 23 Pa.C.S. §§ 5103, 5104 |
Where to get help in Pennsylvania
Divorce & Family Law FAQ
How long do you have to live in Pennsylvania to file for divorce?
At least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before the divorce or annulment action is filed.
Is Pennsylvania a no-fault divorce state?
Pennsylvania has two no-fault grounds: mutual consent (the marriage is irretrievably broken, 90 days have passed since filing, and both spouses file affidavits of consent), and irretrievable breakdown after the spouses have lived separate and apart for at least one year. Consent is presumed for a spouse convicted of a personal injury crime against the other. Fault grounds also exist: willful and malicious desertion for one year or more, adultery, cruel and barbarous treatment, bigamy, imprisonment for two or more years, and indignities that make life intolerable. A divorce may also be based on a spouse's confinement in a mental institution for at least 18 months with no reasonable prospect of discharge.
Is there a waiting period for divorce in Pennsylvania?
For a mutual consent divorce, at least 90 days must pass after the action is filed before the divorce can be granted. For an irretrievable breakdown divorce without consent, the spouses must have lived separate and apart for at least one year; if the court finds a reasonable prospect of reconciliation, it continues the case for 90 to 120 days and requires counseling if requested.
How much does it cost to file for divorce in Pennsylvania?
Filing costs vary by county and by type of document, and the Pennsylvania courts note some filing costs may be in the hundreds of dollars. A person who cannot afford the fees may file an In Forma Pauperis petition with income and expense information at the county Prothonotary or Office of Judicial Records.
How do you get an uncontested divorce in Pennsylvania?
Spouses who agree can use the mutual consent ground: after 90 days from filing, each spouse files an affidavit of consent, and the court grants the divorce without a hearing on other grounds. The Pennsylvania courts publish statewide forms for no-fault mutual consent divorces under section 3301(c), and county courts may have additional procedures.
Is Pennsylvania a community property state?
Pennsylvania uses equitable distribution. On request, the court divides marital property in the percentages it considers just, without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills and needs, contributions to the other's education or earning power, contributions as a homemaker, dissipation, standard of living, tax consequences and custody of children. Marital property is property acquired during the marriage plus certain increases in value of nonmarital property. It does not include property owned before the marriage, property excluded by a valid agreement, gifts (except between spouses) and inheritances, property acquired after final separation (except in exchange for marital assets), and certain veterans' benefits.
How is alimony decided in Pennsylvania?
After a divorce decree, the court may award alimony to either spouse only if it finds alimony is necessary. Factors include relative earnings and earning capacities, ages and health, sources of income, expectancies and inheritances, length of the marriage, contributions to the other's education or earning power, effect of child custody on earning power, standard of living, education and time needed for training, assets and liabilities, property brought to the marriage, homemaker contributions, needs, marital misconduct before final separation (and abuse at any time), tax effects, whether the spouse lacks enough property for reasonable needs, and whether the spouse is unable to be self-supporting. The court sets a definite or indefinite duration that is reasonable; there is no statutory formula.
How is child custody decided in Pennsylvania?
The court decides custody based on the best interest of the child, giving substantial weight to factors affecting the child's safety, including which party is more likely to keep the child safe, past or present abuse, child abuse history and violent behavior. Other factors include cooperation and conflict between the parties, each party's willingness to provide care and stability, the need for continuity in education and community, sibling and family relationships, and the child's well-reasoned preference based on developmental stage, maturity and judgment. Between parents there is no presumption that custody should go to a particular parent. The statute does not set a specific age for the child's preference.
How is child support calculated in Pennsylvania?
Child support follows a statewide guideline set by Supreme Court rule (Pa.R.C.P. 1910.16-1 and following), placing primary emphasis on the parties' net incomes and earning capacities; the guideline amount is presumed correct. The parents' combined monthly net income and number of children determine the basic support amount from the Basic Child Support Schedule, and each parent's share is based on that parent's percentage of combined net income (an income shares approach). The Pennsylvania Child Support Program offers an online support estimator; the court sets the actual amount.
Do you have to take a parenting class to divorce in Pennsylvania?
The court may direct parties in a custody case to attend informational programs about parental duties, but the case and any order or decree may not be delayed because a party did not take part. The court may also require counseling as part of a custody order (only individual counseling for an abuser, never joint counseling in abuse situations). In divorce cases based on indignities, mutual consent or irretrievable breakdown, the court must require up to three counseling sessions if either party requests it, except over the objection of a party protected by an abuse order.
What are the grounds for annulment in Pennsylvania?
A marriage is void (unless confirmed by living together after the impediment is removed) if either party already had a living spouse, the parties are too closely related, either party lacked capacity to consent or did not intend to consent, or either party to a common-law marriage was under 18. A marriage is voidable if a party was under 16 without court authorization; a party was 16 or 17 without parental consent or court authorization and did not ratify the marriage at 18 (action within 60 days of the ceremony); a party was under the influence of alcohol or drugs (action within 60 days); a party is incurably impotent and the other did not know; or a party was induced to marry by fraud, duress, coercion or force without later voluntary cohabitation.
Does Pennsylvania recognize common-law marriage?
No common-law marriage contracted after January 1, 2005 is valid in Pennsylvania. Common-law marriages that were otherwise lawful and contracted on or before January 1, 2005 remain valid.
Do grandparents have visitation rights in Pennsylvania?
Grandparents and great-grandparents may seek partial physical custody or supervised physical custody when the child's parent (their child) has died; when their relationship with the child began with a parent's consent or a court order and the parents have started a custody case and disagree about grandparent custody; or when the child lived with them for at least 12 consecutive months and was removed by the parents (the action must be filed within six months of removal). In a case between a parent and a nonparent, the parent is presumed entitled to custody unless rebutted by clear and convincing evidence.
How do you change your name back after a divorce in Pennsylvania?
A party in a divorce action may resume any prior surname, before or after the divorce decree, by filing a written notice with the prothonotary of the county where the divorce was filed or entered, showing the caption and docket number. A person divorced in another jurisdiction may file a certified copy of that decree in their county of residence and then file the notice.
At what age does child support end in Pennsylvania?
Parents are liable to support their unemancipated children who are 18 or younger, and the law says parents may also be liable to support children 18 or older. Under the Pennsylvania Rules of Civil Procedure, the county domestic relations section sends an emancipation inquiry before a child's support ends; if no other children are covered and the parent receiving support does not respond within 30 days or does not give grounds for continuing support, the order is ended administratively on the later of the date the last child turns 18 or graduates from high school.
How do I file for child support in Pennsylvania?
Child support cases are handled by the Domestic Relations Section (DRS) of each county court. You can apply online through the Pennsylvania Child Support Program's E-Services (registration required); the request is forwarded to your county DRS, and it is not officially filed until the DRS reviews and accepts it. You can also print and submit the paper forms (Social Security Disclosure, Application for Child or Spousal Support, Intake Questionnaire and Complaint for Support) to your county DRS; call first to see if an appointment is needed. Pennsylvania courts charge a $40.25 fee for every new court action, which the DRS adds to the paying parent's balance. A $35 annual federal fee applies to a parent who receives $2,000 or more in support in a year, unless that parent has ever received cash assistance.
What happens if you don't pay child support in Pennsylvania?
Support orders generally provide for mandatory attachment of income (wage withholding). Other tools in Pennsylvania law include reporting overdue support to credit bureaus (after notice and up to 20 days to contest); state income tax refund intercept; intercepting Pennsylvania Lottery winnings over $2,500; county publication of names of parents 30 or more days behind; liens, including on the net proceeds of certain awards; and orders to deny, refuse to renew or suspend licenses when income cannot be attached and the parent owes three or more months of support (after 30 days' notice). A person who willfully fails to obey a support order can be held in contempt, punishable by up to six months in jail, a fine up to $1,000 and/or up to one year of probation. Willfully failing to pay when able to pay is also a separate offense (generally a summary offense, and in some cases a third-degree misdemeanor).
How do you modify child support in Pennsylvania?
A petition to modify a support order may be filed at any time and must be granted if the person asking shows a substantial change in circumstances. The petition must state the material and substantial change it is based on; a new guideline amount from revised support guidelines, or newly identified income or assets, may count. In addition, on request of either parent (or automatically when the family receives cash assistance), each order is reviewed at least once every three years, and in that review the court adjusts the order by applying the statewide guidelines without requiring proof of a change in circumstances. Incarceration (other than for nonpayment of support) can be a material and substantial change. Petitions are filed with the county Domestic Relations Section.
How do you get emergency custody in Pennsylvania?
At any time after a custody action is started, the court may, on a party's application or on its own, grant appropriate interim or special relief, including temporary legal or physical custody. The rule does not limit the court to the listed types of relief.
Are divorce records public in Pennsylvania, and how do I get a copy?
The Pennsylvania Department of Health does not have divorce records. Divorce records are kept in the Prothonotary's Office of the county where the divorce was granted, so copies of a divorce decree are requested from that county Prothonotary.
How do you get a marriage license in Pennsylvania?
Both parties must file a written, verified application and appear in person to be examined under oath about the legality of the marriage and any prior marriages (an affidavit is allowed for someone on active military service or when the register of wills office is closed by an emergency). The issuing official must be satisfied as to both applicants' identity. The license cannot be issued until the third day after the later of the two applications, unless a court allows it sooner for an emergency or for a reservist called to active duty. The license is valid for 60 days and may be used anywhere in Pennsylvania.
What is the legal age to get married in Pennsylvania?
No marriage license may be issued if either applicant is under 18. Since a 2020 amendment, there is no exception for parental consent or court approval.
What are the requirements to adopt a child in Pennsylvania?
Any individual may adopt. Adoption cases are handled by the county court of common pleas. Consent is required from the adoptee if over 12, the adopting parent's spouse (unless joining the petition), the parents of a minor, and in some cases a guardian or custodian; a consent signed before or within 72 hours after birth is invalid. A parent's consent is not needed if parental rights were terminated or the court finds grounds for involuntary termination, such as conduct for at least six months showing a settled purpose of giving up parental claim or a failure to perform parental duties. When an intermediary (agency or other person) places a child, a favorable home study and preplacement report must be completed first, and a person taking custody of a child to adopt must generally file a report of intention to adopt, after which the court orders an investigation.
How does stepparent adoption work in Pennsylvania?
When a parent consents to adoption of the child by their spouse, the parent keeps their own parent-child relationship whether or not they join the petition. The other parent must consent unless their rights are terminated; a parent may petition to terminate the other parent's rights on grounds such as at least six months of conduct showing a settled purpose of relinquishing parental claim or refusal or failure to perform parental duties. No report of intention to adopt is required when the child is the adopting person's stepchild, and the court-ordered investigation is tied to that report.
How do you get guardianship of a child in Pennsylvania?
A guardian of the person or estate of a minor may be appointed by the court of the county where the minor lives. A person nominated by a minor over 14 is preferred if the court finds the person qualified and suitable, and a person of the same religion as the parents is preferred as guardian of the person. If a minor's entire estate is worth $25,000 or less, it can in some situations be handled without appointing a guardian.
How do you get guardianship of an adult in Pennsylvania?
Any person interested in the welfare of an alleged incapacitated person domiciled in Pennsylvania may petition; the person must be personally served with a plain-language notice of the hearing and their rights. The court may find incapacity and appoint a guardian of the person or estate only on clear and convincing evidence, after specific findings about the person's condition, their capacity to make and communicate decisions, and the need for guardianship in light of family, friends and other supports. The court must find each less restrictive alternative insufficient before ordering guardianship; listed alternatives include durable and financial powers of attorney, health care powers of attorney and representatives, living wills, trusts (including special needs trusts), representative payees, ABLE accounts and mental health advance directives. The court must prefer less restrictive alternatives and, if guardianship is needed, a limited guardianship.
How do you establish paternity in Pennsylvania?
The father of a child born to an unmarried woman may sign an acknowledgment of paternity, with the mother's witnessed consent, on forms of the Department of Public Welfare and file it with that department; hospitals must offer the form at birth. A signed, witnessed acknowledgment is a legal finding of paternity, but any signer may rescind within the earlier of 60 days or the date of an administrative or court proceeding about the child (such as a support conference) in which the signer is a party. After 60 days, it can be challenged in court only for fraud, duress or material mistake of fact, proved by clear and convincing evidence. If the mother does not join, the filing is indexed as a claim of paternity. In court cases, the court must order the mother, child and alleged father to submit to blood (genetic) tests on a party's timely motion.
How do you legally change your name in Pennsylvania?
File a petition in the court of common pleas of the county where you live, stating the reason and your residences for the past five years. The court sets a hearing one to three months after filing and orders notice published in two newspapers of general circulation (one may be the county's official legal-notice paper); notice is waived and the file sealed if notice would endanger the petitioner or their child. At the hearing you must show proof of publication and an official search showing no judgments or similar matters against you in counties where you lived in the past five years. Fingerprints are sent to the State Police, at your cost. People convicted of certain serious felonies cannot change their name, and other felons must wait two years after completing their sentence (or be pardoned).
Where can I get divorce papers and forms in Pennsylvania?
Pennsylvania's Unified Judicial System posts statewide divorce forms for self-represented parties, grouped by grounds: no-fault mutual consent (23 Pa.C.S. § 3301(c)(1)), presumed consent after a personal injury crime (§ 3301(c)(2)), and irretrievable breakdown after separation (§ 3301(d), one year for separations starting on or after December 5, 2016). Core forms include the Self Represented Party Entry of Appearance, Notice to Defend and Divorce Complaint (Form 1), Affidavit of Consent or § 3301(d) Affidavit, Counter-Affidavit, Waiver of Notice, Affidavit of Non-Military Service (Form 10), Final Praecipe to Transmit Record, Divorce Decree and Notice of Intention to Resume Prior Surname, plus service forms such as the Acceptance of Service (Form 3a). Completed forms are printed and taken to the designated county courthouse office; check local requirements with county court administration.
Who handles child support in Pennsylvania, and how do I contact them?
The Pennsylvania Child Support Program (Department of Human Services) handles child support through each county's Domestic Relations Section (DRS). Through the PA Child Support Website you can request support services (new support application, modification, recovery of overpayment or withdrawal of a pending complaint), make payments, print a payment coupon, estimate support and look up case information; online requests are forwarded to the county DRS, which must review and accept them before anything is filed with the court. Register or log in on the PA Child Support Website. For questions, contact your county DRS.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.