How to File for Divorce in Pennsylvania

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.

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.

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.

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.

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.