Divorce Laws in Pennsylvania – FAQs

Yes, Pennsylvania divorce laws allow divorces based on marital fault.

A divorce based on no-fault grounds must assert that the marriage is irretrievably broken. In this case, neither party is guilty of any severe marital misconduct. A no fault divorce also requires that the couple have been separated for at least two years, or that they both agree to the divorce.

A divorce on fault grounds requires that the plaintiff prove that he or she is the innocent and injured spouse and that the other spouse is guilty of one of six categories of marital misconduct: adultery, desertion, cruel and barbarous treatment, bigamy, imprisonment for a crime, and indignities.

Fault-based divorces do not have time constraints, as they are based on more extreme situations and call for a special hearing. No-fault divorces require there to have been either (1) written and mutual consent by the parties that is made 90 days after the divorce complaint is served or (2) one year of separation (if the separation was on or after December 5, 2016).

It depends. The cost of divorce is entirely case specific. If the parties have many assets and debts to evaluate for distribution, it can be a fairly long, complicated and expensive process.

Additionally, Pennsylvania employs a trifurcated system, meaning that divorce, custody and support can be handled at different times. If your case involves all three, it will be more expensive to litigate.

Pennsylvania courts can order one spouse to pay all legal fees for the divorce if the situation requires it. Factors such as difference in income and whether or not parties are acting in good faith can be used to make this decision.

Although a non-attorney could theoretically handle their own divorce, it is usually best to let a licensed professional handle the matter. Domestic litigation and Pennsylvania divorce laws are rife with legal nuances that, if unknown or not understood, could put a non-attorney at a disadvantage when handling their own case.

In Pennsylvania, maintenance is available to the financially dependent spouse at different stages of the divorce proceedings. Prior to the divorce being filed it is termed “spousal support.”

After filing and during divorce proceedings, support is termed “alimony pendente lite,” a Latin phrase meaning “alimony pending litigation.” After the entry of a final divorce decree, support is available in the form of “alimony.”

No, alimony is not mandatory in all divorces in PA. Alimony is determined by the court on a case by case basis and a spouse must meet a number of requirements in order to be eligible for alimony payments.

The wife is not automatically entitled to anything that is not her direct property or assets in a divorce in PA. Alimony payments may be required based on the wife’s situation and any division of property will also be determined based on other factors.

No, Pennsylvania is not a 50/50 divorce state. PA courts divide property in divorces based on the equitable distribution approach, which attempts to divide property in the fairest way possible based on each spouse’s unique situation.

Yes. Written notice of resumption of a prior surname may be filed in the divorce case during pendency or subsequent to entry of final decree.

Yes. In Pennsylvania, annulment is the manner in which invalid marriages are terminated. A marriage is invalid, for instance, if either party was incapable of consenting to marriage by reason of insanity, or if either party was, at the time of the purported marriage, validly married to another person.

It depends. In Pennsylvania, a simple, one-count divorce with no ancillary issues will still take a minimum of three months to finalize. More complex cases will obviously take even longer.

If one party cannot obtain valid service on the other party, an additional option would be to wait the statutorily required period of two years and then file for a unilateral divorce.

A party may remarry as soon as a final divorce decree is entered. However, there is a three-day waiting period in Pennsylvania for an application for a marriage license.

According to Pennsylvania divorce laws, a party must wait for two full years of separation from their spouse and then may proceed with filing a unilateral divorce.

No. In Pennsylvania these issues are trifurcated and may be dealt with at different times.

Parties wishing to initiate a divorce action in Pennsylvania must establish residence in the state at least six months prior to the initiation of the action.

No. Once the divorce is filed in PA, you do not need to retain residency in the state.

Physical presence in the state is not required to obtain a divorce decree.

A party must establish grounds for fault divorce under one of the six enumerated categories outlined in question 1. The party moving for divorce must also establish themselves as an innocent and injured party.