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PA Divorce Law

PA Divorce Law Explained
Marital Separation Agreements Explained
Divorce FAQs and Information - North Penn Legal Services
Representing Yourself in Divorce Proceedings - PA Courts

Pennsylvania Statutory Resources

PA Residency Requirements (Divorce) - Pennsylvania Consolidated Statutes Section 3104(b) - Residence and domicile of parties. 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. Both parties shall be competent witnesses to prove their respective residence, and proof of actual residence within this Commonwealth for six months shall create a presumption of domicile within this Commonwealth.  Read all of Section 3104.

Grounds for Divorce in Pennsylvania - PA Consolidated Statutes Sec. 3301(c) and (d).

(c) Mutual consent. 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.

(d) Irretrievable breakdown If your spouse is not in agreement, you can use the provision under Section 3301(d) of the Divorce Code, if you have been living separate and apart per the requirements below:

• One year separation - If the period of separation began on or after December 5, 2016, you will need to have lived separate and apart from your spouse for at least one year prior to filing your divorce complaint.
• Two year separation - If the period of separation began before December 5, 2016, you will need to have lived separate and apart from your spouse for at least two years prior to filing your divorce complaint.

The Court may grant a 3301(d) divorce based on an allegation that the marriage is "irretrievably broken" and where the parties have lived separate and apart for the required time frame (noted above), and the Defendant either:

a) Does not deny the allegations as set forth in the affidavit.

or

b) Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least the required one or two years (depending on the date of separation) and that the marriage is irretrievably broken.

The address and contact information of the Defendant/spouse must be known in order to successfully use these documents.

Click here to read entire statute.

View the Pennsylvania Consolidated Statutes.

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Child Support in Pennsylvania

PA Interactive Child Support Estimator - PA Dept. of Human Services
PA Child Support Handbook
PA Child Support Explained
Child Support Program - PA Dept. of Human Services

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PA Child Custody and Visitation Law

Child Custody and Visitation
Custody Resources
FAQs About Child Custody
Child Custody - PaLawHelp.org
Child Custody Law - PA Consolidated Statutes Chapter 53, Title 23

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Property Division in Pennsylvania

Pennsylvania is an "equitable distribution" state.

Property Division
PA Property Rights Law

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PA Courts and Community Resources

Lawyers and Divorce
Mediation
Glossary of Family Law Terms
PA Domestic Relations Law
Pennsylvania Court System - Courts of Common Pleas
PA Clerks and Courthouses
Pennsylvania State Bar Association
PALawHelp.org

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