Pennsylvania Divorce Process

To file for divorce in Pennsylvania: - **Residency**: At least one spouse must have lived in Pennsylvania for at least 6 months before filing - **Filing fee**: $333.75 in Philadelphia (varies by county — approximately $300 in Allegheny County/Pittsburgh) - **Where to file**: Court of Common Pleas in the county where either spouse resides - **Major urban courts**: Philadelphia, Allegheny (Pittsburgh), and other urban counties have dedicated Family Court divisions

**Mutual Consent (Faster)**: - Both spouses agree the marriage is irretrievably broken - 90-day waiting period after service of the complaint - Both sign affidavits of consent - No separation period required - Typically 4-6 months total **One-Year Separation (No Consent Needed)**: - When one spouse doesn't agree to divorce - Must live separate and apart for at least 1 year - After 1 year, file an affidavit stating the separation period - Court presumes irretrievable breakdown - The unwilling spouse cannot block the divorce Note: 'Separate and apart' can include living in the same house if you lead separate lives (separate bedrooms, separate finances, no shared activities as a couple).

Pennsylvania retains fault-based divorce grounds: - **Adultery** - **Desertion** (1+ year without reasonable cause) - **Cruelty** (endangering life or health) - **Bigamy** - **Imprisonment** (2+ years) - **Indignities** (treatment rendering life burdensome) **Why use fault?** While most divorces proceed on no-fault grounds, fault can influence: - Property division — the wronged spouse may receive a larger share - Alimony — adultery can bar or reduce alimony **Comparative rectitude**: Pennsylvania examines both spouses' conduct. Minor faults are weighed against major ones.

**Uncontested mutual consent**: 4-6 months (90-day waiting period plus processing) **Contested with settlement**: 6-12 months **Contested through trial**: 12-24+ months **With 1-year separation**: Add the separation period to the timeline **Key milestones**: 1. File Complaint in Divorce 2. Serve spouse (personal service or acceptance of service) 3. 90-day waiting period (mutual consent) or 1-year separation 4. File affidavits 5. Resolve economic claims (property, support) 6. Final decree