Residency Requirements:
In order to file a divorce in Pennsylvania, one spouse must have
been a resident of Pennsylvania for at least 6 months prior to filing.
[Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3104].
Legal Separation:
Pennsylvania recognizes that separation agreements are binding if
the terms are reasonable. There is no residency requirement specified
by statute. [Pennsylvania Consolidated Statutes Annotated; Title 23,
Section 3301].
General Divorce Procedure:
The spouses may file for divorce on the ground of irretrievable
breakdown of the marriage. If both spouses consent to the divorce,
it will be handled in an expedited manner. In addition, separation
agreements are expressly authorized. There are official sample forms
for filing a complaint for divorce on the grounds of irretrievable
breakdown of the marriage. There are also official forms available
for filing the required affidavit of consent. There are also other
sample divorce proceeding forms available in Pennsylvania Rules of
Civil Procedure, Actions of Divorce of Annulment Section, Rule 1920.01.
In addition, separation agreements are expressly authorized.
[Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3301
and Pennsylvania Rules of Civil Procedure; Rules 1920.01].
Mediation or Counseling:
If the Pennsylvania court determines that there is a reasonable
prospect for reconciliation, it may order the spouses to seek
counseling for a period of between 90 and 120 days. One of the
spouses may request three counseling sessions. A divorce may be
granted if no reconciliation is reached, and one of the spouses
states that the marriage is irretrievably broken. Counseling
sessions may also be ordered by the court for child custody issues
and are mandatory if a parent has been convicted of a violent or
abusive crime. [Pennsylvania Consolidated Statutes Annotated;
Title 23, Sections 3302 and 5303].
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Grounds for Pennsylvania Divorce:
No-fault:
Pennsylvania recognizes no-fault grounds of Irretrievable breakdown
of the marriage with spouses living separate and apart without
cohabitation for 2 years, or irretrievable breakdown of the marriage
and signed and filed affidavits stating that the spouses consent to
the divorce. In addition, 90 days must elapse after filing before a
divorce will be granted. [Pennsylvania Consolidated Statutes Annotated;
Title 23, Section 3301].
Fault-based:
Fault-based grounds for divorce include:
1) Adultery;
2) bigamy;
3) imprisonment for 2 or more years;
4) confinement for incurable insanity for
18 months;
5) willful desertion for 1 year;
6) cruel and inhuman treatment endangering
the life of the spouse;
7) personal indignities.
[Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3301
and Pennsylvania Case Law].
Where to file for divorce:
File your request in the county where the defendant resides;
or where the defendant resides if plaintiff lives outside the state;
or where the marriage home was, if plaintiff continuously resided in
the same county; but only prior to 6 months after separation, and
if the defendant agrees, where the plaintiff resides; or prior to
6 months after separation, and if neither spouse lives in the county
of the marriage home, where either spouse lives; or after 6 months
after separation, where either spouse lives.
Title of Divorce action:
Complaint for Divorce.
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