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Filing a divorce in Pennsylvania

How to File a Divorce in Pennsylvania

Divorce is the legal procedure that dissolves a marriage and alters the legal status of former spouses. Per Title Chapter 1910 of the Pennsylvania Code, individuals must file for divorce in the county where either spouse resides or mutually agrees. To file for divorce in Pennsylvania, the law requires one spouse to have lived for at least six months in the state. According to Section 3301 of the Pennsylvania Code, a plaintiff may file for divorce on the following grounds:

  • Fault - This type of divorce is granted to a spouse when the other spouse is found guilty of adultery, cruelty, bigamy, desertion, and domestic violence.
  • Institutionalization - A plaintiff may file for divorce on this ground if the other spouse is institutionalized for 18 months or more.
  • Mutual Consent - Both spouses may file for divorce on this ground if they agree to terminate the marriage. Both spouses must wait 90 days after filing complaints, to file sworn statements declaring that the marriage is irretrievably broken.

How Long Does It Take to Get a Divorce in Pennsylvania?

Depending on the nature of the divorce, it may take as little as 90 days to finalize a divorce. For example, in a no-fault divorce or a consented divorce, a mandatory 90 days waiting period is required before finalizing the divorce. On the other hand, contested divorce or a fault-based divorce may take anywhere from 6 months to several years. However, the length of time required to finalize this divorce depends on several factors such as:

  • Plaintiffs' and defendants' demands
  • Court caseload
  • Child and custody-related disputes
  • Property-related disputes

How Much Does a Divorce Cost in Pennsylvania

The actual cost of divorce in the state of Pennsylvania varies based on several factors such as:

  • The county where the divorce was filed
  • The type of divorce
  • The duration of the divorce
  • The cost of legal fees

However, a plaintiff intending to self-represent in a divorce proceeding may only have to incur court filing fees. Other fees, such as legal fees, vary based on the attorney hired by the divorcing party.

How to File a Divorce by Yourself in Pennsylvania

Pennsylvania permits individuals to file for divorce themselves. However, Pennsylvania courts hold such individuals to the same filing and legal standards as trained lawyers. Before filing for divorce, plaintiffs need to verify that they have met all the requirements from the local county courts where they are submitting their filings. A plaintiff seeking to represent themselves in a divorce proceeding must first fill and submit a Self-Represented Party Entry Of Appearance form before proceeding with the divorce.

A plaintiff seeking a divorce must first file a Notice to Defend and a divorce complaint form at the Office of the County Clerk using the Notice To Defend And Claim Rights form. The original copy of the Notice to Defend and Claim Rights form is attached to the top of the divorce complaint, and a verification copy is attached to the bottom of the divorce complaint. The county name, the defendant, the plaintiff, and the docket number are listed at the top of the filing. The plaintiff then proceeds to make two copies of the Notice to Defend or Claim Rights which are time-stamped at the Office of the County Clerk. The Office of the County Clerk retains the original copy of the notice and returns the photocopies to the plaintiff. One copy will be kept for the plaintiff's record, while the other is used to serve the defendant. A plaintiff filing for divorce must pay the filing fee to the office where legal filing is submitted. Individuals who can not afford the filing fees will apply to have these fees waived by completing the In Forma Pauperis Form. A judge may decide based on the information you provide on the In Forma Pauperis form, or the court may compel you to appear in person for a hearing. The form is submitted to the county's Prothonotary if the waiver is approved.

Once the Notice to Defend and the Divorce complaint are filed, the plaintiff must serve the defendant copies of the notice within 30 days for state residents and 90 days for out-of-state residents. Failure to complete the services within the stipulated time would result in the plaintiff completing and filing a Praecipe To Reinstate The Complaint. The plaintiff must indicate and complete the appropriate forms based on how the defendant was served. The defendant may be served in person, by mail, or third party. The relevant form associated with the method of service must be completed and filed with the court:

  • Acceptance Of Service (Form 3a) (Third party)
  • Personal Service (Form 3c) (In-person)
  • Mail (Form 3b) (Mail)

Copies of these forms are then made and taken to the Clerk's Office to be time-stamped. The divorce proceedings will not continue until proper service is made to the defendant.

The nature and type of the divorce then determine the plaintiff's next steps. The plaintiff may proceed with either a consented divorce, presumed consent divorce, or non-consented divorce.

In a mutual consent divorce, both parties must wait 90 days and then file an Affidavit Of Consent, indicating their consent to the divorce. After it is signed and dated, both spouses must file Affidavits of Consent within 30 days. Failure to file and submit the Affidavit of Consent within 30 days will result in both parties resigning and resubmitting it. Both parties must then sign and file a Waiver Of Notice or a Notice Of Intention To File The Praecipe To Transmit Record Under Section 3301(c)(1) Of The Divorce Code. The divorce documents are then sent to the judge to finalize the divorce.

On the other hand, if one party mailed the other party a Notice of Intention to File the Praecipe to Transmit Record under Section 3301(c)(1) of the Divorce Code, the Praecipe to Transmit Record must be filed within 20 days. To finalize the divorce, either party must file the Final Praecipe to Transmit Records in the court. The couple will also provide proposed divorce decrees and additional documents required by the court and self-addressed envelopes that will be used to mail the final divorce decrees. Copies of the final divorce decrees are mailed out to the couple. The parties involved will be required to correct all errors in paperwork before the final divorce decree is mailed.

Similarly, in the case of a presumed consent divorce, the couple must wait 90 days after the Notice to Defend, and Divorce Complaint is served. Once the 90-day mandatory wait period has elapsed, the couple then completes and files the Affidavit of Consent and the Affidavit to Establish Presumption of Consent Under Section 3301(c)(2) of the Divorce Code. These documents are then served in line with the rules of service. The relevant forms are completed and returned to the court. The Notice of Intention to File the Praecipe to Transmit Record Under Section 3301(c)(2) or Section 3301(d) of the Divorce Code could be mailed to the other party twenty days after the documents are served. If both parties sign and file a Waiver of Notice, the divorce documents are then sent to the judge to finalize the divorce. Either party may then file a Praecipe to Transmit Record. On the other hand, If one party mailed the other a Notice of Intention to Submit the Praecipe to Transmit the Record under Section 3301(c)(2) or Section 33301(d) of the Divorce Code, the plaintiff must wait 20 days before filing the Praecipe to Transmit the Record. Finally, either party may then file a Praecipe to Transmit Record with the court.

In the case of a non-consent no-fault divorce, Pennsylvania law mandates that the couple must be separated for at least 1 year before filing for divorce. After the parties have been separated for 1 year, either party may sign and file an Affidavit under Section 3301(d) of the Divorce Code declaring that the parties have been separated for the required amount of time. After that, a divorce may be granted after notice to the defendant is given. The plaintiff must also file a Counter-Affidavit under Section 3301(d) of the Divorce Code and serve a blank Counter-Affidavit under Section 3301(d) of the Divorce Code. This affidavit allows the defendant to oppose the divorce if they choose. For defendants representing themselves in their divorce hearings and non-military personnel, the plaintiff must fill out and sign an Affidavit Of Non-Military Service. The plaintiff then serves the defendant with the documents in line with the service rules. Per Pennsylvania Code, 20 days after serving the Affidavit under Section 3301(d) of the Divorce Code with blank Counter-Affidavit, the Notice of Intention to File the Praecipe to Transmit Record Under Section 3301 (c)(2) or Section 3301 (d) of the Divorce Code or file Waivers of the Notice of Intent is then served. After that, the Praecipe Transmit Record, Divorce Decree, and all other county-specific forms are then filed.

Choosing a Divorce Lawyer in Pennsylvania

Choosing the right divorce lawyer is critical as it ensures that the divorce process is as smooth as possible. A divorce is filed in the jurisdiction or county where either the plaintiff or the defendant resides. Therefore, it is very critical that when choosing a divorce lawyer, an individual chooses a divorce lawyer familiar with the court rules or practice in the jurisdiction where the divorce proceeding will occur. This is important, as different jurisdictions or counties in Pennsylvania have specific rules and preferences unique to them when filing for divorce. Other factors to consider when choosing a divorce lawyer include:

  • The nature of the divorce proceeding - There are different types of divorce, each of which necessitates a certain set of abilities and knowledge from a divorce lawyer. Individuals should consult with several divorce lawyers to determine the right lawyer to handle their divorce.
  • Cost - This is another critical factor to consider as different lawyers charge differently for their services.
  • Referrals - An individual seeking a divorce may ask for a referral to a good divorce lawyer. Excellent referrals will come from family and friends that have been through divorces. Individuals may also get referrals by calling the Pennsylvania Bar Association Lawyer Referral Service at (800) 692-7375 or (717) 238-6807. This service is also available in most counties.

Can You Get a Divorce Without Going to Court?

Yes. Per Section 3301, Chapter 33 of the Pennsylvania Code, individuals may be granted a divorce without going to court if both parties mutually consent to the divorce. Under mutual consent divorce, the court may grant a divorce if it determines that the marriage is irretrievably broken and the couple has filed an affidavit stating that each of them consents to the divorce. Similarly, spouses that have lived separately for one year may be granted a divorce without a court appearance. In such a situation, a court may grant a divorce without a hearing.

How to File for Divorce in Pennsylvania with Children

In the case of a marriage with children, spouses seeking divorce must first file the Notice to Defend and Claim Rights together with a complaint and follow all other steps involved in filing for divorce. Child support and custody issues may be part of a divorce proceeding, or separate court action may be filed. If both spouses mutually agree upon child custody and support, they may write an agreement to this effect. The court can then use this agreement to issue a court order. If the couple cannot reach an agreement, either party may petition the court to resolve the situation. Custody decisions by the court are determined, in line with Section 5303 Title 23 of the Pennsylvania Consolidated Statutes. Custody decisions are made with the best interest of the children in mind. Either party may petition the court to amend a child support or custody agreement.

How to File for Divorce Online in Pennsylvania

Pennsylvania requires all documents regarding divorces to be filed with the clerk's office at the local court with jurisdiction. The state does not provide any official means to file for a divorce online.

Individuals seeking to get divorced in Pennsylvania may do so with the help of third-party online divorce services. These services provide affordable, legal, and efficient divorce options, where individuals use online services to fill out and file divorce paperwork via these third-party providers. Online divorce services are best for uncontested divorce settlements. In this type of divorce settlement, both spouses have mutual agreements on various aspects of the divorce, including assets division, alimony, custody, and child support.