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Divorce Laws in Pennsylvania

What is Divorce Laws in Pennsylvania

Divorce in Pennsylvania is the legal process of dissolving a marriage through a court in the state. The state's divorce laws are codified under Title 23 of the Pennsylvania Consolidated Statutes. The state's divorce laws do not permit divorcing parties to file for divorce if one of the parties has not lived in the state for the six months immediately preceding the filing. The petition for divorce may be filed in the county where one of the divorcing parties resides or in any county where both divorcing parties formally agree to file the petition.

Per Pennsylvania's divorce laws, two types of divorces are permitted in the state: no-fault divorces and fault-based divorces. A no-fault divorce requires either mutual and written consent by the divorcing parties to dissolve their marriage or one year of separation between the parties if the separation occurred on or after December 5, 2016. The written mutual consent must be made 90 days after the divorce petition is filed with the court. On the other hand, fault-based divorces have no time constraints, as they are based on more extreme circumstances and require special proceedings. A divorce is not deemed final until a court issues a decision on the matter and a divorce decree is entered by a Pennsylvania court.

Pennsylvania divorce laws contain statutes on grounds for divorce in the state, marital property division, alimony, child custody, and child custody.

Pennsylvania Divorce Requirements or Grounds for Divorce in Pennsylvania

When you file for divorce, you must specify why you want to dissolve the marriage. These reasons are known as the "grounds" for your divorce. Couples may divorce in Pennsylvania on no-fault or fault grounds.

To file for a no-fault grounds divorce in Pennsylvania, one or more of the following conditions must apply:

  • Mutual Consent: Here, both divorcing parties must agree that the marriage has irretrievably broken down and cannot be fixed. Each party must submit an affidavit as evidence of consent to the divorce; however, if one divorcing party has been found guilty of a personal injury offense against the other, the offending party's consent is presumed even if the affidavit of consent for that individual is not filed. After the divorce petition is filed, the court must wait 90 days before granting the divorce. A Pennsylvania court may grant a divorce under this condition without a court hearing
  • Irretrievable Breakdown: To file for a no-fault grounds divorce under this condition, both divorcing parties must have lived apart for a minimum of one year. Also, one of the divorcing parties must have filed a petition alleging that the marriage is irretrievably broken. To get a divorce under this condition, the other divorcing party must not dispute that the marriage is irretrievably broken or that both parties have lived apart for one year If one of the divorcing parties disputes that the marriage has irretrievably broken down, the court may still issue a divorce order after hearing the arguments of both parties. However, if the court determines during a hearing that there is a realistic chance that both parties can reconcile, the case will continue 90 to 120 days (unless the divorcing parties agree to a period in excess of 120 days). The court will require both divorcing parties to attend counseling during that period. If one or both divorcing parties still desire a divorce at the conclusion of counseling, the court will review whether the marriage is irretrievably broken. If the court determines that the marriage cannot be fixed, divorce will be granted
  • Institutionalization: According to 23 Pa.C.S.A. § 3301(b)-(e), a spouse may file for divorce under this condition if the other spouse has a mental disorder or is insane and needs to be institutionalized. The institutionalized spouse must have been confined for a minimum of 18 months in a mental institution before a divorce petition may be filed. Also, there must be no reasonable expectation that the party confined in the mental institution will be released within 18 months after the divorce filing. A Pennsylvania court may grant a divorce under this condition without a court hearing

To file for divorce on a fault-based ground, the other spouse must be guilty of one or more of the following:

  • Adultery
  • Cruel and inhuman treatment, such as domestic violence
  • Bigamy
  • Abandonment for at least one year
  • Felony conviction resulting in a jail term of two or more years
  • Offering "indignities" to the innocent party in order to render the party's conditions intolerable and life burdensome. Examples of indignities, as defined under 23 Pa.C.S.A. § 3301, include mistreatment, verbal or emotional abuse, public shaming or embarrassment, and mistreatment. Note that when indignities are used as grounds for divorce in Pennsylvania, the court will require up to three counseling sessions if either divorcing party requests it

Pennsylvania Marital Property Laws or Property Division Law in Pennsylvania

Pennsylvania is considered an equitable distribution state in terms of property division in a divorce. Upon the request of either party in a divorce or annulment action, the court will divide and distribute marital property between the parties equitably and fairly, without regard for marital misconduct, in a manner deemed fair after considering all relevant factors.

Marital property refers to property acquired by either divorcing party during the marriage or acquired with funds earned by either party during the marriage. Marital property also includes the increase in value of any non-marital property up to the date of dissolving the marriage. Any real or personal property acquired by either spouse during the marriage is deemed marital property, even if the title is held individually or in some form of joint tenancy, tenancy in common, or tenancy by the entirety.

The court will consider these factors in the determination of the equitable division of marital property in a divorce case in Pennsylvania:

  • The duration of the marriage
  • Whether either divorcing party was previously married
  • Each divorcing party's age, health, position, occupational aptitude, employability, estate, and obligations
  • The contribution of each divorcing party to the other party's education, training, or greater earning capacity
  • The potential for each divorcing party to acquire capital assets and income in the future
  • Both divorcing parties' sources of income, including, but not limited to, health, retirement, insurance, and other benefits
  • Each party's contribution to, or expenditure on, the purchase, maintenance, depreciation, or appreciation of any marital property, including a party's contribution as the homemaker
  • The value assigned to each divorcing party's property
  • The divorcing parties' standard of living throughout the marriage
  • Economic conditions of each divorcing party at the time the property division is to take effect
  • The federal, state, and municipal tax consequences of dividing, distributing, or assigning each asset
  • The cost of selling, transferring, or liquidating a specific asset held by either divorcing party
  • Whether a divorcing party will act as the custodian of the couple's minor dependent child

During the pendency of a divorce case, the court may grant one or both divorcing parties the right to live at the marital residence. Also, the court may order the continuation of maintenance and beneficiary designations on either divorcing party's existing life and health insurance policies that were obtained during the marriage and are owned or effectively controlled by either party. Additionally, if the court finds it essential to preserve a divorcing party's interests, it may order the acquisition of, and beneficiary designations on, a policy insuring either party's health or life.

Pennsylvania Alimony Laws

When parties in marriage separate in a divorce, the party with the lower income may file for financial support from the higher-income party with the court. Under 23 Pa. C.S.A. § 3701(a), when a Pennsylvania court enters a divorce decree, the judge may award alimony as it deems fair to either divorcing party if it finds that financial support is required for the dependent divorcing party.

In a court's determination of an alimony award in Pennsylvania, including the support amount, manner, and duration, the court will consider the following:

  • The divorcing parties' incomes and earning potential
  • The divorcing parties' ages and physical, mental, and emotional states
  • The divorcing parties' sources of income, including, but not limited to, health, retirement, insurance, and other benefits
  • The divorcing parties' expectations and inheritances
  • The duration of the marriage
  • The contribution of one divorcing party to the other's education, training, or greater earning capacity
  • The degree to which a party's earning capacity, costs, or financial responsibilities will be impacted as a result of acting as a custodian of a child from the dissolved marriage
  • The quality of life experienced by both divorcing parties in the marriage
  • The divorcing parties' respective education levels and the time required to get the requisite education or skills to allow the party requesting alimony to find suitable work
  • The divorcing parties' assets and liabilities
  • The property brought by each divorcing party into the marriage
  • The contribution of a divorcing party in the capacity of a homemaker
  • The needs of each divorcing party
  • The divorcing parties' marital misconducts throughout the marriage (marital misconducts occurring after the date of final separation are not considered by the court in making alimony judgments, save for abuse committed by one party against the other)
  • The municipal, state, and federal tax consequences of an alimony award
  • Whether the party requesting alimony has enough property to meet reasonable requirements
  • Whether the party requesting alimony is unable to get employment to be self-supporting

Note that the court may place a lien or levy on a divorcing party's property as security for the other party's alimony payment or any other judgment. An alimony award in Pennsylvania may be revised, suspended, canceled, or reinstituted in the event of a significant change in either divorcing party's circumstances. If the divorcing party who receives alimony remarries, alimony for this party will be terminated.

Alimony vs. Spousal Support in Pennsylvania

While the terms alimony, spousal support, and alimony pendente lite are sometimes used interchangeably in Pennsylvania, they refer to three distinct concepts. The appropriate payment for you will depend on whether you filed for divorce and if your divorce was granted.

Spousal support refers to the temporary financial support provided to a spouse after a separation but before filing a divorce petition with the court. Spousal support shall be calculated by the court using the Pennsylvania Guidelines for Spousal Support. If the court awards spousal support based on the Guidelines, a spouse may petition the court for a deviation by providing proof of greater financial need than provided for by the Pennsylvania Guidelines. If the spouse who is required to pay spousal support successfully establishes a fault-based ground for a divorce, such as indignities, cruel and inhuman treatment, adultery, or abandonment, that spouse can raise a defense against the obligation to pay spousal support to the lower-earning spouse. If the fault claim is successful, the paying spouse is not obligated to pay spousal support except it can be proved that the paying spouse forgave or condoned the conduct or behavior that triggered the fault claim. If a divorcing party raises defense against spousal support, the other party requesting spousal support may contest the entitlement claim or file for APL.

Like spousal support, alimony pendente lite (APL) is a temporary arrangement for financial support for the dependent divorcing party. APL is granted while a divorce action has commenced but has yet to finalize. The APL enables the dependent divorcing party to maintain the same standard of living as experienced before separation and finance the divorce costs throughout the divorce process. There are various limitations on the duration of APL, and in some situations, a spouse may not even qualify.

As with spousal support, the court awards APL based on the same Guidelines used for calculating support payments. A spouse may seek a deviation by proving a higher financial need than the Guidelines permit. Note that a divorce petition is required to receive APL. Also, a divorcing party cannot simultaneously receive APL and spousal support. Unlike spousal support, Pennsylvania makes no provision for defenses against paying APL.

Alimony per Pennsylvania laws is awarded once all financial issues are resolved and the divorce decree has been entered by the court. Alimony may be rehabilitative, reimbursement, or permanent in Pennsylvania. Alimony is not automatic and may be awarded when one of the divorcing parties is financially able to provide financial support to the other spouse. Typically, alimony will be awarded if:

  • There is a big financial gap between the incomes of the divorcing parties
  • There is a mental or physical disability impacting the dependent divorcing party's ability to earn money
  • The dependent divorcing party does not work because that party is the primary caregiver of the children shared in the marriage
  • The dependent divorcing party has been married for a long time

There are no guidelines for calculating alimony in Pennsylvania. Instead, the Pennsylvania Legislature established a list of 17 factors that judges must consider in determining whether to pay alimony and how much will be paid.

Child Support Laws in Pennsylvania

Pennsylvania child support laws establish that parents are liable to support their unemancipated children under 18 financially. However, in extreme situations, the state may authorize the continuation of child support beyond the age of 18.

Child support is calculated in Pennsylvania using the Income Shares Model and is granted in accordance with a statewide guideline that is revised at least once every four years. These standards are based on the child's reasonable requirements and the parent's capacity to provide support. The state's child support guidelines use the parents' net incomes and earning capacity, with provisions for unique needs, miscellaneous expenses, and other considerations.

In a child support proceeding, a Pennsylvania court will ascertain each divorcing parent's capacity to provide medical support for the child. Hence, the child support order will contain a requirement that medical care should be provided by either or both divorcing parents, as long as it is accessible to the child. If the noncustodial parent is the party able to provide medical support at a reasonable cost, the court will issue an order instructing that parent to provide medical support to the child.

A court may also order one or both parents to contribute equitably to their child's educational expenses, whether the support application is submitted before or after the child reaches the age of 18. Both parents share the financial obligation for higher education expenses.

Child Custody Laws in Pennsylvania

When it is in the child's best interest, Pennsylvania child custody law provides for reasonable and continuing contact between a child and both divorcing parents following a separation or divorce. The state's child custody laws also provide for the sharing of child-rearing rights and responsibilities by both divorcing parents, as well as continuing contact between the child and the grandparent when a parent dies or divorces.

A Pennsylvania court will consider the following in determining custody, partial custody, or visitation:

  • Which of the parents is more likely to promote, permit, and enable the noncustodial parent and child to have regular and continued contact and physical access
  • Any past or current aggressive or abusive behavior of both parents and any adult household member
  • Convictions for certain crimes
  • The child's residential preference. In determining this, the court will assess the maturity and judgment of the child and ascertain that the child has carefully thought through the choice
  • Any other factor that may have a legitimate impact on the child's physical, intellectual, or emotional well-being

A Pennsylvania court will not provide custody, partial custody, or visitation rights to a parent convicted of murdering the child's other parent unless the child is of proper age and consents to the order. When the court determines that one party getting sole custody is in the child's best interest, the court will grant it. Shared custody will only be granted if one or both parents petition for it, if the parents agree to it, or at the court's discretion, provided it is in the child's best interest.

Prior to granting sole or joint custody, the court may order the parents to attend counseling sessions and the judge will consider the counselors' recommendations in determining custody.

Annulment in Pennsylvania

Annulment in Pennsylvania is not the same as divorce. Annulment in the state is a legal proceeding that goes beyond dissolving a marriage by also declaring a marriage void or voidable through a court order. Pennsylvania's marriage annulment statutes are contained in 23 Pa.C.S. § 3303, 23 Pa.C.S. § 3304, and 23 Pa.C.S. § 3305. Pennsylvania considers void marriages as those prohibited by state law and are, therefore, not legally recognized. Acceptable grounds for void marriages to be annulled include:

  • Bigamy
  • The parties in the marriage are blood-related, such as a nephew and aunt, parent and child, niece and uncle, grandparent and grandchild, first cousins, and a brother and sister
  • One of the parties in the marriage was incapable of consenting to the marriage due to a serious mental disorder or insanity, could not otherwise consent, or did not intend to consent to the marriage
  • One of the parties to a purported common-law marriage was below 18

Voidable marriages in Pennsylvania are valid marriages that may be declared void under specific conditions. Pennsylvania annulment laws stipulate that grounds for voidable marriages may be waived by continued cohabitation after the condition under which the marriage may be voided has been discovered or cured. Voidable marriages in Pennsylvania include those in which:

  • One of the parties in the marriage was below the age of 16 but the minor failed to obtain express permission from the court to get married to the other party
  • One of the parties in the marriage was 16 or 17 years old but lacked parental, guardian, or court consent, the marriage was not validated upon the minor party's attainment of the age of 18, and no more than 60 days have elapsed from the date of the marriage
  • One of the parties in the marriage was under the influence of alcohol or drugs at the time of the marriage, and no more than 60 days have elapsed after the wedding
  • One of the parties in the marriage was and is still naturally and incurably impotent, and the other party was not informed of the condition before the marriage
  • One of the parties entered into the marriage due to the other party's deception, duress, or coercion, and there has been no subsequent voluntary cohabitation after discovering the fraud or release from the consequences of fraud, duress, coercion, or force

When a marriage's validity is in doubt, any or both parties in the marriage may initiate an annulment action in court. Following the court action, the judge will issue a court order declaring the marriage valid or invalid.

Legal Separation in Pennsylvania

Legal separation is not recognized in Pennsylvania. If a couple chooses to separate, regardless of whether they intend to divorce, they may enter into a Separation and Property Settlement Agreement to address issues, such as property division, spousal support, responsibility for debts and assets, life and health insurance arrangements, and visitation and custody of any minor child shared in the marriage.