Divorce in Pennsylvania

Nicknamed The Keystone State, Pennsylvania conducts divorce as a Civil Action with a complainant and defendant.

To file for divorce in Pennsylvania, one or both spouses must have lived in the state for at least six months immediately before filing.1

Pennsylvania is both a fault and no-fault divorce state. There are three grounds for a no-fault divorce in Pennsylvania, and they include mutual consent, irretrievable breakdown of the marriage, and institutionalization of a spouse due to insanity or a mental disorder. Fault-based grounds include abandonment of more than a year, adultery, bigamy, imprisonment for two or more years, cruel and barbarous treatment, and acting in a manner that makes a spouse’s life unbearable.2

Pennsylvania is an equitable distribution property state, and only property acquired during the marriage is subject to division. Pennsylvania divorce laws attempt to divide marital property equitably and fairly. The judge will also consider economic misconduct, contributions to a partner’s education, as well as non-monetary contributions.3

123 Pa.C.S.A. § 3104(b)

223 Pa.C.S.A. § 3301(a)-(e)

323 Pa.C.S.A. § 350123 (p)