Divorce in Pennsylvania: Key Info You Need to Know

Talking about divorce can be tough, but getting the right information makes it easier. This page is all about understanding divorce in Pennsylvania. We’re here to guide you through the basics. Remember, there’s more detailed info and helpful links available on this page too.

Divorce Laws in Pennsylvania

In Pennsylvania, there are both no-fault and fault-based grounds for divorce. If you’re saying “no-fault,” it means nobody’s blaming the other for the marriage ending. Fault-based reasons include things like cheating or abuse.

To file here, you or your spouse should have lived in Pennsylvania for at least six months. There’s also a waiting period of 90 days for no-fault divorces after filing the papers.

Pennsylvania’s approach is a bit different from other states, especially in how it handles fault-based divorces.

Process of Filing for Divorce

Filing for divorce in Pennsylvania starts with deciding if it’s no-fault or fault-based. You file in the county where you or your spouse lives. You’ll need specific forms, which you can find online or at the courthouse.

After filling them out, you “serve” them to your spouse. This means giving them the papers legally. Pennsylvania has its own ways of doing things, like how you serve the papers, so check those details.

Get a detailed overview of the process in How To File for Divorce in PA

Child Custody and Support

When it comes to kids, Pennsylvania focuses on what’s best for them. Custody can be shared or given to just one parent, depending on the situation. Child support is calculated using both parents’ incomes and other factors. The state has guidelines to help figure this out. Pennsylvania might handle some custody and support issues differently than other states.

Alimony/Spousal Support

Alimony, or spousal support, in Pennsylvania depends on several things. The court looks at stuff like how long you were married, your incomes, and if anyone needs extra support. There’s no one-size-fits-all rule here; each case is different.

Property Division

In Pennsylvania, marital property gets divided fairly, but not always equally. This is called “equitable distribution.” It means the court divides things based on what’s fair, considering many factors about your marriage and financial situation.

Resources

Ready to dive deeper into divorce in Pennsylvania? Check out the links we’ve provided. They’ll take you to official court sites, government resources, and places where you can get legal help.

Article: How Much Does a Divorce Cost in PA

For No-Fault Divorce with Mutual Consent:

• Notice to Defend and Divorce Complaint (PA Divorce Form 1): https://www.pacourts.us/learn/representing-yourself/divorce-proceedings
• Acceptance of Service (PA Divorce Form 3a): https://www.pacourts.us/Storage/media/pdfs/20210224/165642-form3aacceptanceofservice-004557.pdf
• Affidavit of Service of Original Process by Mail (PA Divorce Form 3b): https://www.pacourts.us/forms
• Affidavit of Consent and Waiver of Notice (PA Divorce Form 5a): https://www.montgomerycountypa.gov/945/Forms
• Praecipe to Transmit the Record (PA Divorce Form 8): https://www.pacourts.us/Storage/media/pdfs/20210224/164728-finalpraecipetotransmitrecord-004572.pdf
• Proposed Divorce Decree: https://onlinedivorceinpa.com/pa-divorce-decree-sample/
• Self-Addressed and Stamped Envelopes: Two envelopes, one for each party, to receive the final divorce decree by mail.

Additional Forms Depending on Circumstances:

• Petition to Proceed in Forma Pauperis (PA Divorce Form 2): https://www.pacourts.us/forms
• Affidavit of Consent of Plaintiff (PA Divorce Form 5b): https://www.montgomerycountypa.gov/945/Forms
• Notice of Intention to Resume Prior Surname (PA Divorce Form 15): https://www.lyco.org/LinkClick.aspx?fileticket=BTwRj5ub6es%3D&tabid=956&portalid=1&mid=1598
• Counseling Notice (PA Divorce Form 18): https://www.lyco.org/LinkClick.aspx?fileticket=BTwRj5ub6es%3D&tabid=956&portalid=1&mid=1598

Additional Resources:

• Pennsylvania Courts – Divorce Proceedings: https://www.pacourts.us/
• Montgomery County – Divorce Forms and Instructions: https://www.montgomerycountypa.gov/945/Forms
• PA Safe Law – Divorce Forms Packet: https://pasafelaw.org/resources/divorce/

Disclaimer

Just a heads up, this info is to guide you, not give legal advice. For specific advice, it’s always best to talk to a lawyer.