Family Law Resources

Filing for Divorce in Pennsylvania

Residency Requirements

At least one spouse must have been a bona fide resident of Pennsylvania for at least 6 months before filing.

Types of Divorce

• Mutual Consent (No-Fault): Both spouses agree the marriage is irretrievably broken. Requires 90-day waiting period after filing.


• Separation (No-Fault): Spouses have lived apart for 1 year.


• Fault-Based: Adultery, desertion, cruelty, bigamy, imprisonment, indignities.

Step-by-Step Process

1. Complete the Complaint in Divorce


2. File with the Court of Common Pleas in your county


3. Pay the filing fee: Approximately $300-$350


4. Serve your spouse: Personal service or acceptance of service


5. Wait 90 days (mutual consent) or complete other requirements


6. File affidavits of consent (if mutual consent divorce)


7. Submit final paperwork: Praecipe to Transmit, Decree in Divorce

Pennsylvania Family Courts

Family law cases in Pennsylvania are handled by the Court of Common Pleas in each county. Pennsylvania has 60 judicial districts covering 67 counties.

Major Court Locations

• Philadelphia County: Family Court, 1501 Arch St


• Allegheny County (Pittsburgh): Family Division, 440 Ross St


• Montgomery County: Courthouse, 2 E Airy St, Norristown


• Bucks County: Courthouse, 55 E Court St, Doylestown


• Delaware County: Courthouse, 201 W Front St, Media

Self-Help Resources

Many counties have Self-Help Centers providing free assistance with forms and procedures.

Custody Conciliation

Pennsylvania requires custody conciliation conferences before any custody hearing. This is a meeting with a court-appointed conciliator to try to reach agreement.

Filing Fees in Pennsylvania

Court of Common Pleas Fees (2025)

• Divorce Complaint: $300-$350 (varies by county)


• Custody Complaint: $100-$200


• Support Petition: FREE (filed through Domestic Relations)


• Motion for Modification: $50-$100

In Forma Pauperis (IFP)

If you cannot afford fees, file a Petition to Proceed In Forma Pauperis. You may qualify if:

• You receive public assistance (SNAP, TANF, SSI, Medicaid)


• Your income is below 125% of federal poverty level


• You cannot meet basic living expenses

Other Costs

• Sheriff service: $50-$75


• Custody evaluation: $3,000-$8,000


• Parenting coordinator: $200-$350/hour

Free Legal Resources in Pennsylvania

Legal Aid Organizations

• Philadelphia Legal Assistance: (215) 981-3800


• Community Legal Services (Phila): (215) 981-3700


• MidPenn Legal Services: (800) 326-9177 (Central PA)


• Neighborhood Legal Services: (866) 761-6572 (Pittsburgh area)


• Legal Aid of Southeastern PA: (877) 429-5994


• Northwestern Legal Services: (800) 665-6957

PA Courts Self-Help

Visit pacourts.us for official forms and instructions.

Pennsylvania Legal Aid Network (PLAN)

Call (800) 322-7572 or visit palegalaid.net for referrals to local legal aid.

Pro Bono Programs

• Philadelphia Bar Association Lawyer Referral: (215) 238-6333


• Allegheny County Bar Foundation: (412) 402-6677

Critical Deadlines in Pennsylvania

Response to Divorce Complaint

You have 20 days to respond if served in Pennsylvania, 30 days if served outside Pennsylvania.

90-Day Waiting Period

For mutual consent divorces, you must wait 90 days from when your spouse is served before filing affidavits of consent.

1-Year Separation

If not filing by mutual consent, you must prove spouses have been separated for at least 1 year (changed from 2 years in 2016).

Custody Modification

You may file to modify custody when there is a substantial change in circumstances affecting the child's best interest.

Support Modifications

Child support can be modified when there is a material and substantial change, typically a change of 10% or more in income.

Appeals

You have 30 days from entry of the order to file an appeal.

Pennsylvania's Unique Family Law Features

Custody Conciliation Required

Before any custody hearing, Pennsylvania requires a custody conciliation conference where a court conciliator meets with both parents to attempt settlement.

Equitable Distribution State

Pennsylvania is an equitable distribution state - marital property is divided fairly but not necessarily 50/50. Courts consider 11 statutory factors.

Kayden's Law

Enacted in 2023, Kayden's Law requires courts to consider child abuse and risk factors in custody decisions and restricts unsupervised contact with abusive parents.

APL and Alimony

Pennsylvania distinguishes between:

• APL (Alimony Pendente Lite): Temporary support during divorce proceedings


• Alimony: Post-divorce support (17 factors considered)

Domestic Relations Offices

Each county has a Domestic Relations Office that handles child and spousal support - filing support petitions is free.

Two-Year Separation Reduced

In 2016, Pennsylvania reduced the separation requirement from 2 years to 1 year for no-fault divorce without mutual consent.