Pennsylvania Divorce Complaint — Your Filing Guide

ARCHIVE-VERIFIED EDITION — 2026-03-24

Archive Verification:

• ✅ 42 Pa.C.S. § 931 (Court jurisdiction) — VERIFIED
• ✅ 18 Pa.C.S. § 4904 (Unsworn falsification) — VERIFIED
• ✅ 42 Pa.C.S. § 1725 (Court fees) — VERIFIED
• ⚠️ 23 Pa.C.S. §§ 3104, 3105, 3301, 3502, 3701 (Divorce Code) — NOT IN ARCHIVE

What This Document Does

This complaint asks the court to legally end your marriage. It also addresses property division, alimony, and related matters. Pennsylvania is a "no-fault" divorce state — you don't need to prove wrongdoing to get divorced.

When to Use This

• You want to legally end your marriage
• You or your spouse has lived in Pennsylvania for at least 6 months
• Your marriage is "irretrievably broken" (no-fault) OR you have grounds

Before You File

Gather These Documents:

• [ ] Your marriage certificate
• [ ] Proof of Pennsylvania residency (driver's license, utility bill, lease)
• [ ] Information about property (deed, vehicle titles, bank accounts, retirement)
• [ ] Information about debts (credit cards, loans, mortgage)
• [ ] Proof of income for both spouses (pay stubs, tax returns)
• [ ] If you have children: birth certificates, Social Security numbers
• [ ] $250-300 filing fee OR fee waiver request

Understand Pennsylvania Divorce:

No-Fault Divorce (Most Common):

• Mutual consent: Both spouses agree to divorce after 90-day waiting period
• Irretrievable breakdown: You've lived apart for at least 1 year
• No need to prove wrongdoing

Fault-Based Divorce (Less Common):

• Adultery
• Abandonment for 1+ years
• Cruel treatment
• Bigamy
• Imprisonment for 2+ years

Step-by-Step Filing

Step 1: Complete the Complaint

Fill in every blank:

1. Your information — name, address, date of birth
2. Spouse's information — name, address (or "unknown")
3. Marriage information — date and place of marriage
4. Children — names, dates of birth (if applicable)
5. Grounds for divorce — usually "irretrievable breakdown"
6. Property division — list marital property and debts
7. Alimony request — if seeking spousal support

Step 2: Make Copies

Make 3 copies:

• Original for the court
• 1 copy for yourself
• 1 copy for your spouse

Step 3: File with the Court

Where to file:

• Court of Common Pleas, Family Court Division, in your county
• File where either spouse lives

Major Courts:

• Philadelphia County: 1501 Arch Street, Philadelphia, PA 19102
• Allegheny County (Pittsburgh): 440 Ross Street, Pittsburgh, PA 15219
• Montgomery County: 2 Airy Street, Norristown, PA 19401
• Bucks County: 100 North Main Street, Doylestown, PA 18901
• Delaware County: 201 West Front Street, Media, PA 19063

Bring:

• Completed complaint
• Marriage certificate
• Filing fee ($250-300) or fee waiver request

Step 4: Serve Your Spouse

Your spouse MUST receive copies of the divorce papers. You cannot serve them yourself.

Options:

• Sheriff's office (approximately $50)
• Private process server
• Certified mail with return receipt
• If spouse accepts service, they can sign an acceptance form

Step 5: Wait 90 Days (Mutual Consent)

For a mutual consent no-fault divorce:

• Wait 90 days from the date of service
• Both spouses sign affidavits of consent
• File the affidavits with the court

Step 6: Finalize the Divorce

Uncontested (Both Agree):

• File the consent affidavits after 90 days
• Court grants divorce decree
• Usually no hearing required

Contested (Disagreement):

• Attend mediation (required in many counties)
• Attend a hearing
• Judge decides property division, alimony, etc.

Property Division

Pennsylvania is an equitable distribution state — property is divided fairly, not necessarily 50/50.

Marital Property (Divided):

• Property acquired during marriage
• Retirement accounts earned during marriage
• Home equity
• Vehicles
• Bank accounts

Separate Property (Not Divided):

• Property owned before marriage
• Gifts and inheritances to one spouse
• Property protected by prenuptial agreement

Alimony

Pennsylvania courts may award alimony based on:

• Length of marriage
• Each spouse's income and earning capacity
• Standard of living during marriage
• Each spouse's age and health
• Contributions to the marriage

Frequently Asked Questions

Q: How long does divorce take?

A: Uncontested: 90+ days. Contested: 6-18 months.

Q: Do I need a lawyer?

A: No, but contested divorces are complex. Free legal help is available.

Q: What if my spouse won't sign?

A: You can still get divorced. The process takes longer.

Q: Can I change my name?

A: Yes. Request a name change in the divorce decree.

Legal Aid Resources

If you need free legal help:

• Philadelphia Legal Assistance: (215) 981-3800
• Pittsburgh Legal Services: (412) 255-6520
• MidPenn Legal Services: (800) 326-9177
• North Penn Legal Services: (800) 833-4411
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Disclaimer

This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.

Not a law firm. Not your attorney. No attorney-client relationship exists.