Pennsylvania Divorce: What You Need to Know

The legal process that formally ends a marriage is divorce, or dissolution of marriage, as it is called in Pennsylvania. In Pennsylvania, divorce cases are handled by the Court of Common Pleas, Family Division, of the county in which either spouse resides. This guide explains the court procedure for filing a divorce, types of divorces, residency requirements, and how to obtain divorce records in Pennsylvania.

How Does Divorce Work in Pennsylvania?

In Pennsylvania, you have to be a resident before you may file for divorce. Before filing, at least one spouse had to have resided in the state for six months.

Both no-fault and fault-based divorces are accepted in Pennsylvania. The following are the most typical no-fault grounds:

• Mutual consent divorce: Both spouses agree that the marriage is irretrievably broken, allowing the divorce to proceed after a 90-day waiting period from the date of filing.
• One-year separation divorce: If spouses have lived apart for at least one year, either spouse can file without the other’s consent.

Adultery, one-year desertion, severe cruelty, bigamy, two-year or longer incarceration, humiliations, and chronic intoxication are examples of fault-based grounds. Although proving culpability is not necessary, it could have an impact on property split or alimony.

Divorces that are fought or based on fault may take a year or more to complete, whereas divorces that are mutually consented to may be completed in as little as four months.

Types of Divorce in Pennsylvania

Pennsylvania law provides several types of divorce:

• Mutual consent divorce (no-fault): Both spouses file and agree, finalized after 90 days.
• Separation divorce (no-fault): In this type, divorce is granted after one year of living apart, even if one spouse contests the divorce.
• Fault-based divorce: This type of divorce requires the filing spouse to prove misconduct such as adultery, cruelty, or abandonment.
• Uncontested divorce: In this type of divorce, both spouses agree on all issues, resulting in a faster and less expensive process.
• Contested divorce: In a contested divorce, disputes arise, necessitating mediation, hearings, or a trial.
• Legal separation: Pennsylvania does not recognize legal separation; however, couples may live apart under separation agreements until they finalize their divorce.

Pennsylvania Divorce Court Process and Forms

In Pennsylvania, divorces are filed in the county where one spouse resides, in the Family Division of the Court of Common Pleas. The procedure starts when one spouse, the plaintiff, files a Complaint in Divorce.

Other required documents may include:

• Notice to Defend and Claim Rights
• Affidavit of Consent (for mutual consent divorces)
• Counseling Notice (in cases involving minor children)
• Financial Affidavit
• Marital Settlement Agreement (for uncontested cases)

The complaint must be delivered to the other spouse, known as the defendant, by certified mail, process server, or sheriff. After that, the defendant has 20 days to reply.

Financial disclosures must be shared between the two parties. If children are involved, both parties may need to participate in a Parenting Education Program before custody decisions are made.

When it comes to custody and property disputes, judges may typically order the couple to attend mediation. If they are unable to reach a settlement, then the matter will proceed to trial.

Divorce is not final in Pennsylvania until a judge signs the Decree of Divorce. This document officially dissolves the marriage and outlines guidelines for property division, alimony, maintenance, and custody.

City- and County-Level Filing Details

Divorces in Pennsylvania are filed at the county level. Here are details for some of the largest counties:

• Philadelphia County (Philadelphia):
  • Courthouse: You may find the Family Division of the Philadelphia Court of Common Pleas at 1501 Arch Street, Philadelphia, PA 19102.
  • Services: Forms for this court can be found online through their website; this court also provides mediation services for custody cases.
• Allegheny County (Pittsburgh):
  • Courthouse: The Family Division serving Allegheny County can be found at 440 Ross Street, Pittsburgh, PA 15219.
  • Services: The court offers a self-help center and requires mandatory parenting education in custody disputes.
• Montgomery County (Norristown):
  • Courthouse: If you wish to visit the Family Division of Montgomery County Court of Common Pleas, you may find it at 2 E. Airy Street, Norristown, PA 19401.
  • Services: You can find filing packets in this court; this court also requires mediation in contested custody cases.
• Bucks County (Doylestown):
  • Courthouse: If you need to contact the Bucks County Court of Common Pleas, Family Division, you may visit the courthouse at 55 E. Court Street, Doylestown, PA 18901.
  • Services: The clerk of this court offers filing assistance to individuals who require it, and you may find forms and tools for divorce in this court online.
• Delaware County (Media):
  • Courthouse: You may find the Family Division of Delaware County Court of Common Pleas at 201 W. Front Street, Media, PA 19063.
  • Services: Delaware County requires parenting programs in custody cases, and mediation services are also available.

How to Search for Divorce Records in Pennsylvania

In Pennsylvania, documents related to divorce are generally open to the public; however, private information, including bank account details, Social Security numbers, and sensitive information about young children, is redacted. The Prothonotary's Office keeps records in the county where the divorce was finalized.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and complete case files are available from the Prothonotary for a fee.
• Online: Some counties, such as Philadelphia and Allegheny, provide limited docket access through online portals. Full documents must be requested in person or by mail.
• Vital Records: The Pennsylvania Department of Health, Division of Vital Records, issues divorce certificates (summaries only) for divorces granted since 1804. This list names the date and county of divorce.
• Third-party services: Private record search websites may provide case information, but certified copies must be obtained directly from the court or the Vital Records office.

Divorce records usually include the names of both spouses, the divorce date and county, the case number, and the judge's decisions regarding alimony, support, custody, and property division. The official document attesting to the marriage's legal dissolution is the Decree of Divorce.

Key Points

• Divorce in Pennsylvania is filed in the Court of Common Pleas, Family Division.
• One spouse must live in the state for six months before filing.
• Both no-fault and fault-based divorces are available, with mutual consent and a one-year separation being the most common requirements.
• Parents may need to attend parenting programs, and mediation is common in custody cases.
• Divorce records are public and available from county prothonotaries, with summaries provided by the state Vital Records office.