Divorce in Pennsylvania

1. Waiting period

   90 days

   In a mutual-consent divorce, the court may grant the divorce once 90 days have passed since the action was commenced and both spouses have filed consent affidavits.^[1]

   23 Pa.C.S. § 3301(c) · checked October 26, 2026

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   “The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.”

2. Residency requirement

   6 months

   At least one spouse must have been a bona fide Pennsylvania resident for at least six months immediately before the divorce action is started.^[2]

   23 Pa.C.S. § 3104(b) · checked October 26, 2026

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   “No spouse is entitled to commence an action for divorce or annulment under this part unless at least one of the parties has been a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement of the action.”

3. No-fault divorce

   Yes, fault grounds also exist

   Pennsylvania grants no-fault divorce when the marriage is irretrievably broken, either by mutual consent after 90 days or after the spouses have lived separate and apart for at least one year; fault grounds also exist.^[1]

   23 Pa.C.S. § 3301(c)-(d) · checked October 26, 2026

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   “an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least one year and that the marriage is irretrievably broken”

   “The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has:”

4. Property division

   Equitable distribution

   On request in a divorce, the court equitably divides marital property without regard to marital misconduct, in the shares it deems just after considering all relevant factors.^[3]

   Community property in Pennsylvania: the statute quoted →

   23 Pa.C.S. § 3502(a) · checked October 26, 2026

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   “the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors.”

5. Court mediation for custody

   Court may order orientation

   Where a county court has set up a mediation program, it may order parents to an orientation session, but mediation itself requires both parties' consent; no orientation or mediation may be ordered where there is domestic violence or child abuse.^[4]

   23 Pa.C.S. § 3901(b)-(c) · checked October 26, 2026

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   “When a program has been established pursuant to subsection (a), the court may order the parties to attend an orientation session to explain the mediation process. Thereafter, should the parties consent to mediation, the court may order them to mediate such issues as it may specify.”

   “The court shall not order an orientation session or mediation in a case where either party or child of either party is or has been a subject of domestic violence or child abuse”

6. Court mediation fees

   Up to $20 county surcharge

   A county with a court mediation program may add a filing fee of up to $20 on divorce and custody complaints to fund the program, and the court may assess additional mediation costs on either party.^[4]

   23 Pa.C.S. § 3902 · checked October 26, 2026

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   “A county in which the court has established a mediation program may impose an additional filing fee of up to $20 on divorce and custody complaints to be used to fund the mediation program.”

7. Alimony

   Set by an official guideline formula

   Pennsylvania sets spousal support and alimony pendente lite (support while the case is pending) with the statewide support guideline formula in Pa.R.C.P. 1910.16-4; alimony after the divorce is decided from 17 statutory factors.

   Alimony in Pennsylvania, with the statute quoted →

8. Divorce rate

   2.1 per 1,000 residents (2024)

   Pennsylvania’s courts granted 2.1 divorces per 1,000 residents in 2024, down from 3.1 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 6.2 of every 1,000 women 15 and older in Pennsylvania divorced in the past year (±0.6; U.S. 6.9), a different measure.^[6][7]

   Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026

Estimate your divorce cost in Pennsylvania: mediation vs. court →

How child support is calculated in Pennsylvania →

Mediators per 100,000: MediationList listings from official court and government rosters in Pennsylvania (870) ÷ population (13,078,751, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.^[5]