How to File for Divorce in Pennsylvania
Feb. 7, 2025
Filing for divorce is often an emotionally and legally complicated process. This is especially true if you're trying to figure it out alone. At Iwanyshyn & Associates, we understand that divorce is a significant life change, and we strive to guide you through the filing process.
If you’re considering filing for divorce in Pennsylvania, it helps to know what the process entails and what steps you’ll need to take to move forward efficiently and confidently. Below, we outline what you should know about filing for divorce in Pennsylvania.
Understanding Divorce in Pennsylvania
Pennsylvania law recognizes two main types of divorce: fault-based divorce and no-fault divorce. A fault-based divorce means one spouse alleges that the other is at fault due to reasons like adultery, abandonment, abuse, or other misconduct. However, most divorces in Pennsylvania are no-fault divorces, which are less adversarial and often quicker to resolve.
No-fault divorces can generally be divided into two subcategories, namely:
Mutual consent divorce: Both spouses agree that the marriage is irretrievably broken and consent to the divorce. This type of divorce can be finalized as quickly as 90 days from the date of filing, provided both parties cooperate.
Unilateral divorce: If one spouse does not consent to the divorce, the filing spouse can proceed after proving that the marriage has been irretrievably broken and the parties have lived separately for at least one year.
Knowing which type of divorce applies to your situation is key to initiating the process. If you are unsure, reach out to an experienced family law attorney who can help you better understand your options.
How to File for Divorce in Pennsylvania
To file for divorce in Pennsylvania, you must meet certain requirements. You and your spouse must first either agree that your marriage is irretrievably broken, or you must be eligible to file for unilateral divorce. Once these requirements are met, you will need to complete the following steps to file for divorce in Pennsylvania:
Step 1: Determine Your Eligibility to File in Pennsylvania
To file for divorce in Pennsylvania, at least one spouse must meet the residency requirement. This means that either you or your spouse must have lived in the state for at least six months prior to filing. Additionally, you will need to file your divorce in the county where you or your spouse currently reside.
Step 2: Gather the Necessary Documents
Filing for divorce requires specific legal documents, including the divorce complaint form and an application for a court fee waiver if you can't afford filing fees. The divorce complaint outlines important details about your marriage, such as the names of both parties, the grounds for divorce, and any relief being requested (e.g., alimony or property division).
It’s essential to complete these documents accurately and thoroughly. We recommend consulting with a divorce attorney at this stage to make sure every aspect of your case is properly documented.
Step 3: File the Divorce Complaint with the Court
Once you’ve completed the necessary paperwork, you will need to file the divorce complaint with the appropriate county’s Court of Common Pleas. Filing fees vary by county, but you should be prepared to pay approximately $200-$400 unless you qualify for a fee waiver.
After filing, the court will assign you a case number. This number will be used to track your divorce throughout the court and review processes.
Step 4: Serve Your Spouse with the Divorce Complaint
Pennsylvania law requires you to serve your spouse with the divorce complaint. This can be done through certified mail, a process server, or personal delivery by a neutral third party. You must provide proof of service to the court to demonstrate that your spouse has been formally notified of the divorce.
If your spouse cannot be located or is evading service, alternative methods such as public notice may be used with the court’s approval. This step is crucial and can significantly impact the timeline of your case.
Step 5: Respond to or Wait for Your Spouse’s Response
After being served, your spouse has 20 days to file a response to the complaint. If they agree to the divorce, the process can move forward relatively quickly. However, if they contest the divorce or fail to respond, additional steps may be required, such as obtaining a default judgment.
Step 6: Negotiate Key Issues
Whether your divorce is amicable or contested, you and your spouse must resolve several important issues before the court can finalize the divorce decree. These issues may include:
Division of assets and debts: Pennsylvania follows equitable distribution laws, which means marital property and debts are divided fairly but not necessarily equally.
Child custody and support: If you have children, determining custody arrangements that are in the best interest of the child and child support will be major aspects that you need to resolve.
Spousal support or alimony: One spouse may request financial assistance from the other either during or after the divorce proceedings.
If you and your spouse cannot reach an agreement, the court may require you to undergo mediation or other types of alternative dispute resolution to reach a consensus before moving forward.
Step 7: Finalize the Divorce
When all issues have been resolved, the court will review the case and issue a divorce decree. This document officially ends your marriage and outlines the terms of your divorce. For mutual consent divorces, this could happen within a few months. For more complex or contested cases, it may take over a year depending on the circumstances of your case.
Why Work with an Experienced Divorce Attorney?
The divorce process can be overwhelming, especially when emotions are running high and legal requirements seem confusing. That’s why working with an experienced divorce attorney can make all the difference. At Iwanyshyn & Associates, we help our clients:
Understand their rights under Pennsylvania law
Draft clear and accurate divorce paperwork
Negotiate favorable terms for asset division, custody, and support
Advocate for their best interests in court, if necessary
Our goal is to provide compassionate and knowledgeable guidance while helping you achieve a resolution that works for you.
FAQ About Filing for Divorce in Pennsylvania
How long does a divorce take in Pennsylvania?
The length of the divorce process varies depending on factors such as whether the divorce is contested, the complexity of financial and custody issues, and court scheduling. Mutual consent divorces can be finalized in as little as 90 days, while contested divorces may take over a year to resolve.
Can I file for divorce without a lawyer?
While it is possible to file for divorce without legal representation, doing so can lead to costly mistakes and delays, especially if your case involves significant assets or custody disputes. Hiring an attorney helps make sure your case is handled correctly and saves you time and stress.
What happens if my spouse refuses to respond to the divorce complaint?
If your spouse does not respond within 20 days of being served, you can request a default judgment from the court. A default judgment allows the divorce to proceed based on your original filing, even without your spouse’s participation.
Consult an Experienced Attorney Today
Filing for divorce in Pennsylvania doesn’t have to feel overwhelming when you have an experienced legal team by your side. At Iwanyshyn & Associates, we strive to make the divorce process as smooth and stress-free as possible. Whether you need help filing the initial paperwork, negotiating complicated issues, or advocating for your rights in court, we are here to help.
Contact us today to schedule a consultation. Located in Allison Park, Pennsylvania, we serve clients throughout the surrounding areas.