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Pennsylvania Divorce Petition

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Introduction

In Pennsylvania, the pleading that starts a divorce is the Complaint in Divorce, the document one spouse files to open a case and ask the Court of Common Pleas to end the marriage. Filing requires that at least one spouse have been a bona fide resident of Pennsylvania for at least six months immediately before the Complaint in Divorce is filed (23 Pa.C.S. § 3104(b)). From there the timeline turns on the ground chosen: a mutual-consent no-fault divorce under 23 Pa.C.S. § 3301(c) imposes a 90-day waiting period after service of the complaint before either spouse may file an affidavit of consent, while a unilateral no-fault divorce under 23 Pa.C.S. § 3301(d) requires one year of living separate and apart. Pennsylvania calls the proceeding a 'divorce,' not a 'dissolution of marriage,' brings it as Plaintiff against Defendant in the Court of Common Pleas (Family Division), and resolves property by equitable distribution under § 3502 rather than as a community-property state.

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Key Things to Know

  1. 1

    Definition: Pennsylvania does not use the label 'petition' for this filing; the document that opens a divorce here is the Complaint in Divorce, the pleading a spouse files to begin the case.

  2. 2

    Residency: At least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before filing, as required by 23 Pa.C.S. § 3104(b).

  3. 3

    Grounds: Pennsylvania allows both no-fault and fault divorce. No-fault rests on 'irretrievable breakdown,' available by mutual consent (§ 3301(c)) or one year of separation (§ 3301(d)), while fault grounds are listed in 23 Pa.C.S. § 3301(a).

  4. 4

    Waiting period: A mutual-consent no-fault divorce under § 3301(c) carries a 90-day waiting period after service of the complaint before affidavits of consent may be filed; a unilateral no-fault divorce under § 3301(d) instead requires one year of separation.

  5. 5

    Property: Pennsylvania is an equitable-distribution state under 23 Pa.C.S. § 3502, not a community-property state, so marital assets are divided fairly rather than automatically 50/50.

  6. 6

    Court and forms: You file a Complaint in Divorce served together with a Notice to Defend and Claim Rights (there is no separate summons, because the notice to defend performs that function) in the Court of Common Pleas (Family Division) of the Pennsylvania county where the case is brought.

  7. 7

    Fee: The filing fee is approximately $300 and varies by county. Philadelphia, for instance, is higher at around $360.

Key decisions before you file

Before you file a Divorce Petition in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Filing a Divorce Petition in Pennsylvania

Pennsylvania opens the courthouse only after residency is met: at least one spouse must have been a bona fide resident of the state for at least six months immediately before filing (23 Pa.C.S. § 3104(b)). The state calls the proceeding a "divorce," not a "dissolution of marriage," and one spouse brings it as Plaintiff against the Defendant in the Court of Common Pleas (Family Division) of the county where the case is filed. There is no separate summons. The Complaint in Divorce is served together with a Notice to Defend and Claim Rights, which performs the summons function and warns the Defendant of the deadline to respond or lose the right to contest specific claims.

Choosing Your Ground

Pennsylvania recognizes both no-fault and fault grounds. The no-fault route rests on the "irretrievable breakdown" of the marriage and comes in two forms. Under a mutual-consent no-fault divorce (23 Pa.C.S. § 3301(c)), a 90-day waiting period runs after service of the complaint before either spouse may file an affidavit of consent. Under a unilateral no-fault divorce (23 Pa.C.S. § 3301(d)), one spouse must show that the couple lived separate and apart for at least one year. Separation is required only for this § 3301(d) ground; a § 3301(c) mutual-consent case needs no minimum separation, only the 90-day cooling-off window. Fault grounds, such as desertion, adultery, or cruelty, are listed separately in 23 Pa.C.S. § 3301(a).

Dividing Property

Pennsylvania is an equitable-distribution state, not a community-property state. Under 23 Pa.C.S. § 3502, marital property is divided in a manner the court considers fair, which does not always mean a 50/50 split. The judge weighs factors such as the length of the marriage, each spouse's income and contributions, and the standard of living established during the marriage before allocating assets and debts between the Plaintiff and Defendant.

Costs and Court

Filing fees run approximately $300 but vary by county; Philadelphia, for example, charges around $360. The exact amount and accepted payment methods depend on the county prothonotary. Fee waivers may be available for those who qualify. Because the filing standards, service papers, and deadlines are set by Pennsylvania statute rather than by any national template, a properly prepared local Complaint in Divorce (/legal-document/divorce-petition) is essential to avoid rejection at intake.

Before You File

Confirm the six-month residency, decide whether you are proceeding by mutual consent under § 3301(c) or by one year of separation under § 3301(d), and gather the financial disclosures the court needs for equitable distribution. Filing the Complaint in Divorce with the correct Notice to Defend and Claim Rights in the proper Court of Common Pleas starts the clock, and in a § 3301(c) case, service of that complaint triggers the 90-day period before your affidavit of consent can move the divorce toward a final decree.

Pennsylvania Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: At least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before filing (23 Pa.C.S. § 3104(b))..

Residency (County)

Must file in the correct county Court of Common Pleas.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. No-fault is 'irretrievable breakdown' of the marriage, available either by mutual consent (23 Pa.C.S. § 3301(c)) or by one year of separation (23 Pa.C.S. § 3301(d)); fault....

Waiting Period

Mandatory waiting period: Mutual-consent no-fault (§ 3301(c)): a 90-day waiting period after service of the complaint before affidavits of consent may be filed.....

Required Forms

Must file correct state forms: Complaint in Divorce, served together with a Notice to Defend and Claim Rights (there is....

Property Division

Property is divided according to: Equitable distribution (23 Pa.C.S. § 3502); Pennsylvania is not a community property state. laws.

Filing Fee

Filing fee is typically Approximately $300, varying by county (e.g., Philadelphia is higher, around... unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the formal court pleading that opens a divorce case. In Pennsylvania it is called a Complaint in Divorce, and one spouse files it as the Plaintiff against the other spouse, the Defendant, in the Court of Common Pleas (Family Division) of the county where the action belongs. The Complaint in Divorce sets out the ground for divorce and the claims the filing spouse intends to raise.

In Pennsylvania there is no practical difference; both phrases describe the same goal of legally ending a marriage. Pennsylvania statutes call the proceeding a 'divorce,' not a 'dissolution of marriage,' and the document that opens it is the Complaint in Divorce. Some other states use 'dissolution of marriage' as their formal term, but Pennsylvania uses 'divorce' and identifies the parties as Plaintiff and Defendant.

At least one spouse must have been a bona fide resident of Pennsylvania for at least six months immediately before the Complaint in Divorce is filed (23 Pa.C.S. § 3104(b)). Only one spouse needs to satisfy this six-month residency requirement.

Pennsylvania allows both no-fault and fault divorce. No-fault rests on the 'irretrievable breakdown' of the marriage, available either by mutual consent (23 Pa.C.S. § 3301(c)) or by one year of separation (23 Pa.C.S. § 3301(d)). Fault grounds, such as desertion, adultery, or cruelty, are listed separately in 23 Pa.C.S. § 3301(a).

Separation is required only for the unilateral no-fault ground under § 3301(d), where spouses must have lived separate and apart for at least one year. A § 3301(c) mutual-consent divorce does not require any minimum separation, only the 90-day waiting period after the complaint is served.

The timeline depends on the ground. For a mutual-consent no-fault divorce (§ 3301(c)), a 90-day waiting period runs after service of the complaint before affidavits of consent may be filed. A unilateral no-fault divorce (§ 3301(d)) instead requires one year of separation before the ground is available.

The filing fee is typically approximately $300 and varies by county; Philadelphia, for example, is higher at around $360. Low-income filers can ask the county to waive the fee.

Pennsylvania follows equitable distribution under 23 Pa.C.S. § 3502 and is not a community-property state. Marital property is divided in a way the court considers fair, which does not always mean an even 50/50 split between the Plaintiff and Defendant.