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Pennsylvania Divorce Packet — LSC-Grade Self-Help Guide

Free legal self-help guide for Pennsylvania residents. This packet provides LSC-grade legal information to help you understand your rights and navigate the court system.

Pennsylvania Divorce Packet — LSC-Grade Self-Help Guide

ARCHIVE-VERIFIED EDITION — 2026-03-24

This guide is for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed Pennsylvania attorney or your local legal aid organization.


ARCHIVE VERIFICATION STATUS

Statutes verified from Jurist-Diction Legal Archive:

StatuteTopicStatus
42 Pa.C.S. § 931Court of Common Pleas jurisdiction✅ ARCHIVE-VERIFIED
18 Pa.C.S. § 4904Unsworn falsification to authorities✅ ARCHIVE-VERIFIED
42 Pa.C.S. § 1725Court fees (including divorce filing)✅ ARCHIVE-VERIFIED

ARCHIVE GAP — Statutes NOT yet indexed (citations from PA Consolidated Statutes):

StatuteTopicNote
23 Pa.C.S. § 3104Residency requirementNot in archive — cite from statute
23 Pa.C.S. § 3105VenueNot in archive — cite from statute
23 Pa.C.S. § 3301Divorce groundsNot in archive — cite from statute
23 Pa.C.S. § 3502Equitable distributionNot in archive — cite from statute
23 Pa.C.S. § 3701AlimonyNot in archive — cite from statute
23 Pa.C.S. § 3305Name restorationNot in archive — cite from statute

Flagged for Harvester Agent: PA Title 23 Chapters 31-37 (Divorce Code) should be added to archive.


Table of Contents

  1. Eligibility Checker — Who Can File for Divorce in Pennsylvania?
  2. Required Forms — What You Need to File
  3. FORM 1: Complaint in Divorce (Blank Template + Sample Completed)
  4. FORM 2: Affidavit of Consent (§ 3301(c) Mutual Consent)
  5. FORM 3: Affidavit Under § 3301(d) (2-Year Separation)
  6. FORM 4: Praecipe to Transmit Record
  7. FORM 5: Waiver of Notice
  8. FORM 6: Notice to Defend and Claim Rights
  9. Step-by-Step Filing Instructions
  10. Court Information — Pennsylvania Courts of Common Pleas
  11. Filing Checklist
  12. Legal Aid Resources
  13. Controlling Statute Citations

--- PAGE BREAK ---

1. Eligibility Checker — Who Can File for Divorce in Pennsylvania?

You can file for divorce in Pennsylvania if:

  • [ ] You or your spouse has lived in Pennsylvania for at least 6 months before filing
  • [ ] You file in the Pennsylvania county where you or your spouse currently lives

Jurisdiction: The Court of Common Pleas has unlimited original jurisdiction over divorce proceedings. 42 Pa.C.S. § 931 (ARCHIVE-VERIFIED): "Except where exclusive original jurisdiction of an action or proceeding is by statute or by general rule... vested in another court of this Commonwealth, the courts of common pleas shall have unlimited original jurisdiction of all actions and proceedings."

You do NOT need:

  • Both spouses to agree (though it's faster if they do)
  • A lawyer (you can represent yourself — "pro se")
  • To prove fault (you can use no-fault grounds)

Two main pathways:

PathwayRequirementTimeline
Mutual Consent (§ 3301(c))Both spouses agree to divorce90-day wait + processing
2-Year Separation (§ 3301(d))Lived separately for 2 yearsAfter 2 years + processing

Fault-based grounds (rarely used, more expensive):

  • Adultery
  • Abandonment (1+ years)
  • Cruel and barbarous treatment
  • Bigamy
  • Imprisonment (2+ years)

Citation: 23 Pa.C.S. § 3104 (Residency), § 3301 (Grounds)

--- PAGE BREAK ---

2. Required Forms for Pennsylvania Divorce

Core Forms (Required for All Divorces)

Form NamePurposeWhere to Obtain
Complaint in DivorceStarts the divorce caseCOUNTY PROTHONOTARY Office
Civil Cover SheetCourt administrative formCOUNTY PROTHONOTARY Office
Notice to Defend and Claim RightsNotifies spouse of divorce filingAttached to Complaint
VerificationSworn statement that facts are trueIncluded with Complaint
Form NamePurposeWhen to File
Affidavit of Consent (§ 3301(c))Both spouses consent to divorceAfter 90-day waiting period
Waiver of NoticeSpouse waives formal noticeAt filing or service

For 2-Year Separation Divorce (§ 3301(d))

Form NamePurposeWhen to File
Affidavit Under § 3301(d)Confirms 2-year separationAfter 2 years of separation

To Finalize Divorce

Form NamePurposeWhen to File
Praecipe to Transmit RecordRequests court to grant divorceAfter all requirements met
Decree in DivorceJudge signs to end marriageCourt issues after review

If You Have Children

Form NamePurpose
Custody ComplaintEstablishes custody arrangements
Child Support GuidelinesCalculates support obligations
Parenting PlanDetails custody schedule

If You Own Property Together

Form NamePurpose
Property Settlement AgreementDivides assets and debts
Inventory and AppraisementLists all marital property

Fee Waiver (If You Cannot Afford Fees)

Form NamePurpose
Petition to Proceed In Forma Pauperis (IFP)Asks court to waive filing fees

Filing Fee Reference: 42 Pa.C.S. § 1725(c)(2)(iii)(vii) (ARCHIVE-VERIFIED) establishes court fees. Divorce filing in first-class counties (Philadelphia) is approximately $172 for commencement of action.

Download forms:

  • PA Unified Judicial System: pacourts.us/forms
  • Your county Court of Common Pleas website

--- PAGE BREAK ---

3. FORM 1: Complaint in Divorce

INSTRUCTIONS:

  • Complete all fields in BLACK INK
  • Print clearly or type
  • File in the county where you or your spouse resides
  • Make 3 copies: 1 for court, 1 for spouse, 1 for your records
  • Attach Civil Cover Sheet, Notice to Defend, and Verification
  • Filing fee: $200–$400 (varies by county)

BLANK TEMPLATE:

`

________________________________________________________________________________

IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, PENNSYLVANIA

CIVIL DIVISION - FAMILY COURT

________________________________________________________________________________

[YOUR FULL LEGAL NAME], )

Plaintiff, ) Case No.: _______________

)

vs. ) COMPLAINT IN DIVORCE

) 23 Pa.C.S. Section 3301

[SPOUSE'S FULL LEGAL NAME], )

Defendant. )

________________________________________________________________________________

COMPLAINT IN DIVORCE

  1. Plaintiff, [YOUR FULL LEGAL NAME], resides at [ADDRESS], [CITY], PA [ZIP].
  1. Defendant, [SPOUSE'S FULL LEGAL NAME], resides at [ADDRESS], [CITY], PA [ZIP].
  1. Plaintiff has been a bona fide resident of Pennsylvania for at least six months.
  1. The parties were married on [DATE] in [CITY, STATE/COUNTRY].
  1. The parties separated on [DATE].
  1. GROUNDS: Plaintiff seeks divorce on the grounds of:

[ ] Section 3301(c) - Mutual consent (both parties consent, 90-day waiting period)

[ ] Section 3301(d) - Irretrievable breakdown (2-year separation)

The parties have lived separate and apart for two years

[ ] Section 3301(a) - Fault-based grounds: [SPECIFY]

  1. CHILDREN:

[ ] No minor children

[ ] Minor children: [NAME(S) AND DOB(S)]

  1. PRIOR ACTIONS:

[ ] No prior divorce actions filed

[ ] Prior action: [DETAILS]

WHEREFORE, Plaintiff requests this Court grant a divorce, equitably distribute marital property

(23 Pa.C.S. Section 3502), and provide such other relief as is appropriate.

________________________________

[YOUR FULL LEGAL NAME], Plaintiff

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

[EMAIL]

Date: _________________

VERIFICATION

I, [YOUR FULL LEGAL NAME], verify that the statements made in this Complaint are true and correct

to the best of my knowledge, information, and belief. I understand that false statements made

to public authorities are punishable under 18 Pa.C.S. § 4904 (Unsworn falsification to authorities).

________________________________

[YOUR FULL LEGAL NAME]

Date: _________________

ATTACHMENTS:

[ ] Civil Cover Sheet

[ ] Notice to Defend and Claim Rights

[ ] Verification (above)

[ ] Marriage Certificate (if available)

`

--- PAGE BREAK ---

SAMPLE COMPLETED COMPLAINT:

`

________________________________________________________________________________

IN THE COURT OF COMMON PLEAS

PHILADELPHIA COUNTY, PENNSYLVANIA

CIVIL DIVISION - FAMILY COURT

________________________________________________________________________________

JAMES MICHAEL ANDERSON, )

Plaintiff, ) Case No.: 2026-FD-001234

)

vs. ) COMPLAINT IN DIVORCE

) 23 Pa.C.S. Section 3301(c)

SARAH ELIZABETH ANDERSON, )

Defendant. )

________________________________________________________________________________

COMPLAINT IN DIVORCE

  1. Plaintiff, JAMES MICHAEL ANDERSON, resides at 1234 Walnut Street, Apt 4B, Philadelphia, PA 19103.
  1. Defendant, SARAH ELIZABETH ANDERSON, resides at 5678 Spruce Street, Apt 2C, Philadelphia, PA 19139.
  1. Plaintiff has been a bona fide resident of Pennsylvania for at least six months.
  1. The parties were married on June 15, 2018 in Cape May, New Jersey.
  1. The parties separated on December 1, 2025.
  1. GROUNDS: Plaintiff seeks divorce on the grounds of:

[X] Section 3301(c) - Mutual consent (both parties consent, 90-day waiting period)

Both parties have executed Affidavits of Consent consenting to the divorce

  1. CHILDREN:

[X] Minor children:

  • EMILY ROSE ANDERSON (DOB: March 12, 2020)
  • JACOB MICHAEL ANDERSON (DOB: July 22, 2022)
  1. PRIOR ACTIONS:

[X] No prior divorce actions filed

WHEREFORE, Plaintiff requests this Court grant a divorce, equitably distribute marital property,

establish custody, support, and parenting time for the minor children, and provide such other relief

as is appropriate.

________________________________

James Michael Anderson

1234 Walnut Street, Apt 4B

Philadelphia, PA 19103

(215) 555-1234

james.anderson@email.com

Date: March 20, 2026

VERIFICATION

I, JAMES MICHAEL ANDERSON, verify that the statements made in this Complaint are true and correct

to the best of my knowledge, information, and belief. I understand that false statements made

to public authorities are punishable under 18 Pa.C.S. § 4904 (Unsworn falsification to authorities).

________________________________

James Michael Anderson

Date: March 20, 2026

`

--- PAGE BREAK ---

INSTRUCTIONS:

  • Use this form for mutual consent divorce (both spouses agree)
  • BOTH spouses must sign this affidavit
  • File AFTER the 90-day waiting period has passed
  • Attach to Praecipe to Transmit Record

BLANK TEMPLATE:

`

________________________________________________________________________________

COMMONWEALTH OF PENNSYLVANIA )

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

): Case No.: _______________

[YOUR FULL LEGAL NAME], )

[SPOUSE'S FULL LEGAL NAME], )

________________________________________________________________________________

AFFIDAVIT OF CONSENT

(23 Pa.C.S. Section 3301(c))

________________________________________________________________________________

We, [YOUR FULL LEGAL NAME] and [SPOUSE'S FULL LEGAL NAME], being duly sworn, depose and say:

  1. We are the parties in the above-captioned divorce action.
  1. We voluntarily consent to the entry of a divorce decree on the grounds of mutual consent,

pursuant to 23 Pa.C.S. Section 3301(c).

  1. We understand that:

a. We may not revoke this consent without leave of court;

b. The divorce will be final 90 days after service of the Complaint;

c. We must resolve all issues regarding property, custody, and support; and

d. The Court may not grant a divorce if we have not resolved these issues.

  1. We certify that we have executed a written agreement addressing:

[ ] Division of marital property

[ ] Alimony, if applicable

[ ] Custody of minor children

[ ] Child support

[ ] Parenting time

  1. We request this Court enter a decree of divorce.

FURTHER AFFIANT SAYETH NAUGHT.

________________________________ _____________________________

[YOUR FULL LEGAL NAME], Plaintiff Date: _________________

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

________________________________ _____________________________

[SPOUSE'S FULL LEGAL NAME], Defendant Date: _________________

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

________________________________________________________________________________

COMMONWEALTH OF PENNSYLVANIA )

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

Subscribed and sworn to before me this _____ day of _______________, 202_.

________________________________

Notary Public

My Commission Expires: ___________

[SEAL]

`

--- PAGE BREAK ---

5. FORM 3: Affidavit Under § 3301(d) (2-Year Separation)

INSTRUCTIONS:

  • Use this form for 2-year separation divorce (no mutual consent required)
  • Only the filing spouse needs to sign
  • File AFTER 2 years of separate and apart living
  • Attach evidence of separation (separate leases, utility bills, affidavits)

BLANK TEMPLATE:

`

________________________________________________________________________________

COMMONWEALTH OF PENNSYLVANIA )

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

[YOUR FULL LEGAL NAME], )

Affiant, ) Case No.: _______________

________________________________________________________________________________

AFFIDAVIT

UNDER 23 Pa.C.S. Section 3301(d)

________________________________________________________________________________

I, [YOUR FULL LEGAL NAME], being duly sworn, depose and say:

  1. I am the [Plaintiff/Defendant] in the above-captioned divorce action.
  1. I reside at [ADDRESS], [CITY], PA [ZIP].
  1. The parties to this action were married on [DATE] in [CITY, STATE].
  1. The parties have lived separate and apart without cohabitation for a period of MORE THAN

TWO YEARS as follows:

From [DATE] to the present (OVER TWO YEARS).

  1. During this period of separation:

a. We have lived at separate addresses;

b. We have not presented ourselves to others as husband and wife; and

c. We have not had sexual relations with each other.

  1. I am informed and believe that the grounds for divorce under 23 Pa.C.S. Section 3301(d) are

irretrievable breakdown of the marriage caused by separation of more than two years.

  1. I request this Court grant a decree of divorce.

FURTHER AFFIANT SAYETH NAUGHT.

________________________________ _____________________________

[YOUR FULL LEGAL NAME], Affiant

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

Date: _________________

________________________________________________________________________________

COMMONWEALTH OF PENNSYLVANIA )

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

Subscribed and sworn to before me this _____ day of _______________, 202_.

________________________________

Notary Public

My Commission Expires: ___________

[SEAL]

`

--- PAGE BREAK ---

6. FORM 4: Praecipe to Transmit Record

INSTRUCTIONS:

  • Use this form to request the court to grant your divorce
  • File AFTER all requirements are met (90-day wait OR 2-year separation)
  • Attach all required affidavits and agreements
  • File with the Prothonotary

BLANK TEMPLATE:

`

________________________________________________________________________________

IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, PENNSYLVANIA

CIVIL DIVISION - FAMILY COURT

________________________________________________________________________________

[YOUR FULL LEGAL NAME], )

Plaintiff, ) Case No.: _______________

)

vs. ) PRAECIPE TO TRANSMIT RECORD

[SPOUSE'S FULL LEGAL NAME], )

Defendant. )

________________________________________________________________________________

TO THE HONORABLE JUDGES OF THIS COURT:

Please take notice that the parties in this action have met all requirements for entry of a

divorce decree, as follows:

  1. [ ] 90-day waiting period has expired (Section 3301(c))

[ ] Two-year separation requirement has been met (Section 3301(d))

  1. The following affidavits are attached:

[ ] Affidavit of Consent (both parties)

[ ] Affidavit under Section 3301(d)

  1. The parties have resolved all issues regarding:

[ ] Property division (Marital Settlement Agreement attached)

[ ] Alimony/spousal support

[ ] Child custody (Custody Agreement attached)

[ ] Child support (Child Support Guidelines attached)

[ ] Parenting plan (Parenting Plan attached)

WHEREFORE, [YOUR FULL LEGAL NAME] requests this Court to transmit the record to the

assigned judge for the purpose of entering a decree of divorce.

Respectfully submitted,

Date: _________________ _____________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

[YOUR STREET ADDRESS]

[YOUR CITY, PA ZIP CODE]

[YOUR PHONE NUMBER]

[YOUR EMAIL ADDRESS]

ATTORNEY INFORMATION (if applicable):

Attorney Name: _________________________

Address: _______________________________

Phone: _______________________ Email: _______________________

`

--- PAGE BREAK ---

7. FORM 5: Waiver of Notice

INSTRUCTIONS:

  • Use this form to waive formal service of the Complaint
  • ONLY the defendant spouse can sign this
  • File at the same time as the Complaint
  • Saves time and money on formal service

BLANK TEMPLATE:

`

________________________________________________________________________________

IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, PENNSYLVANIA

CIVIL DIVISION - FAMILY COURT

________________________________________________________________________________

[YOUR FULL LEGAL NAME], )

Plaintiff, ) Case No.: _______________

)

vs. ) WAIVER OF NOTICE

[SPOUSE'S FULL LEGAL NAME], )

Defendant. )

________________________________________________________________________________

I, [SPOUSE'S FULL LEGAL NAME], Defendant in the above-captioned action, hereby waive service of the

Complaint in this action.

I acknowledge that I have received a copy of the Complaint and understand that divorce proceedings

have been commenced. I hereby accept service of the Complaint and waive all formal notice required

by law.

I understand that:

  • I have 30 days to file an Answer after receiving this Complaint
  • Failure to file an Answer may result in default judgment against me
  • I should consult an attorney if I have questions

________________________________ _____________________________

[SPOUSE'S FULL LEGAL NAME], Defendant

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

Date: _________________

`

--- PAGE BREAK ---

8. FORM 6: Notice to Defend and Claim Rights

INSTRUCTIONS:

  • This form is REQUIRED in Pennsylvania divorce cases
  • It warns the defendant spouse of their rights
  • Must be attached to the Complaint when filed
  • It informs the defendant of the 20-day deadline to file an Answer

BLANK TEMPLATE:

`

________________________________________________________________________________

COMMONWEALTH OF PENNSYLVANIA

IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, PENNSYLVANIA

CIVIL DIVISION - FAMILY COURT

________________________________________________________________________________

[YOUR FULL LEGAL NAME], )

Plaintiff, ) Case No.: _______________

)

vs. ) NOTICE TO DEFEND AND CLAIM RIGHTS

[SPOUSE'S FULL LEGAL NAME], )

Defendant. )

________________________________________________________________________________

TO: [SPOUSE'S FULL LEGAL NAME]

[SPOUSE'S ADDRESS]

[CITY, PA ZIP]

YOU HAVE BEEN SUED FOR DIVORCE.

The Complaint in this action was filed on [DATE] in the Court of Common Pleas of [COUNTY] County,

Pennsylvania.

WARNING: YOU HAVE 20 DAYS from the date you receive this Complaint to file an Answer with the Court.

Failure to file an Answer within 20 days may result in the Court entering a default judgment against you

and granting the divorce without further notice to you.

YOUR RIGHTS AND DUTIES:

  1. YOU HAVE THE RIGHT to consult an attorney of your choice regarding this divorce.
  1. IF YOU FAIL TO FILE AN ANSWER within 20 days, the Plaintiff may ask the Court to grant the divorce

and resolve issues of property, custody, and support without your participation.

  1. YOU MAY LOSE IMPORTANT RIGHTS if you do not respond, including:
  • Rights to marital property
  • Rights to spousal support or alimony
  • Rights to child custody
  • Rights to parenting time with your children
  • The right to present your side of the case
  1. YOU MAY FILE AN ANSWER with the Court even if you do not hire an attorney. Answer forms are

available at the Prothonotary's Office.

IF YOU HAVE LOW INCOME, you may qualify for free legal assistance. Contact your county legal aid

organization or call the PA Bar Association Lawyer Referral Service at (800) 932-0311.

FOR COURT INFORMATION:

Court Name: Court of Common Pleas of [COUNTY] County

Court Address: [COURT ADDRESS]

Court Phone: [COURT PHONE NUMBER]

Court Website: [COURT WEBSITE, IF ANY]

Date: _________________

________________________________

[YOUR FULL LEGAL NAME], Plaintiff

[ATTORNEY INFORMATION, IF ANY]

`

--- PAGE BREAK ---

9. Step-by-Step Filing Instructions

Step 1: Gather Your Information (Week 1)

Before filling out forms, collect:

  • [ ] Your full legal name and current address
  • [ ] Spouse's full legal name and current address
  • [ ] Date and location of your marriage
  • [ ] Marriage certificate (if available)
  • [ ] Names and birth dates of all children
  • [ ] List of property and debts acquired during marriage
  • [ ] Income information for both spouses

Step 2: Determine Which Divorce Pathway Applies

Your SituationPathwayRequirements
Both spouses agree to divorceMutual Consent (§ 3301(c))90-day wait + Affidavits of Consent
Spouse disagrees OR 2+ years separated2-Year Separation (§ 3301(d))2 years separate + Affidavit under § 3301(d)
Fault-based (adultery, abuse, etc.)Fault groundsEvidence required + longer timeline

Step 3: Prepare Your Forms

Required for all divorces:

  1. Complaint in Divorce
  2. Civil Cover Sheet (from court)
  3. Notice to Defend and Claim Rights (from court)
  4. Verification (included with Complaint)

For Mutual Consent:

  1. Affidavit of Consent (both spouses sign)
  2. Marital Settlement Agreement (if you have property)
  3. Waiver of Notice (optional, saves time)

For 2-Year Separation:

  1. Affidavit under § 3301(d)
  2. Evidence of separation (separate leases, utility bills)

If you have children:

  1. Custody Complaint or Agreement
  2. Child Support Worksheet
  3. Parenting Plan

Step 4: File Your Complaint

  1. Take your forms to the Prothonotary's Office in the county where you or your spouse resides
  2. Pay the filing fee ($200–$400, varies by county)
  • Reference: 42 Pa.C.S. § 1725 (ARCHIVE-VERIFIED) establishes fee structures
  1. Get a file-stamped copy of your Complaint
  2. Ask about fee waiver if you cannot afford fees (In Forma Pauperis petition)

Step 5: Serve Your Spouse

Service methods:

  • [ ] Acceptance of Service (spouse signs Waiver of Notice)
  • [ ] Personal service by sheriff or private process server ($50–$150)
  • [ ] Certified mail (return receipt requested)

Proof of service: File Affidavit of Service with the court

Step 6: Wait Period

Mutual Consent: 90 days from service

2-Year Separation: No waiting period (must already be 2 years)

Step 7: Finalize Your Divorce

After waiting period:

  1. File Praecipe to Transmit Record
  2. Attach all required affidavits and agreements
  3. Judge reviews and issues Divorce Decree

Step 8: After Divorce Is Granted

  • Update your will and beneficiaries
  • Update life insurance and retirement accounts
  • Change title on vehicles and property
  • Update estate planning documents

--- PAGE BREAK ---

10. Court Information — Pennsylvania Courts of Common Pleas

Divorce complaints are filed in the Court of Common Pleas in the county where you or your spouse resides.

Jurisdiction: 42 Pa.C.S. § 931 (ARCHIVE-VERIFIED): "The courts of common pleas shall have unlimited original jurisdiction of all actions and proceedings."

Major County Courts:

Philadelphia County

  • Court of Common Pleas, Family Court Division
  • Criminal Justice Center, 1301 Filbert Street, Philadelphia, PA 19107
  • Phone: 215-686-6660 (Prothonotary)
  • Hours: 8:30 AM – 4:30 PM, Mon–Fri
  • Filing Fee: ~$300
  • Website: courts.phila.gov

Allegheny County (Pittsburgh)

  • Court of Common Pleas, Family Division
  • 436 Grant Street, Pittsburgh, PA 15219
  • Phone: 412-350-5280 (Prothonotary)
  • Hours: 8:30 AM – 4:30 PM, Mon–Fri
  • Filing Fee: ~$250
  • Website: alleghenycounty.us

Montgomery County

  • Court of Common Pleas, Domestic Relations Section
  • 2 E. Airy Street, Norristown, PA 19401
  • Phone: 610-278-3344 (Prothonotary)
  • Hours: 8:30 AM – 4:15 PM, Mon–Fri
  • Filing Fee: ~$250
  • Website: montcopa.org

Delaware County

  • Court of Common Pleas, Domestic Relations Section
  • Government Center, 201 W. Front Street, Media, PA 19063
  • Phone: 610-891-4370 (Prothonotary)
  • Hours: 8:30 AM – 4:30 PM, Mon–Fri
  • Filing Fee: ~$250

Bucks County

  • Court of Common Pleas, Family Law Section
  • Justice Center, 100 N. Main Street, Doylestown, PA 18901
  • Phone: 215-348-6191 (Prothonotary)
  • Hours: 8:30 AM – 4:30 PM, Mon–Fri
  • Filing Fee: ~$250
  • Website: buckscounty.org

Chester County

  • Court of Common Pleas, Family Law Section
  • Justice Center, 201 W. Market Street, West Chester, PA 19380
  • Phone: 610-344-6315 (Prothonotary)
  • Hours: 8:30 AM – 4:30 PM, Mon–Fri
  • Filing Fee: ~$250

Lancaster County

  • Court of Common Pleas, Domestic Relations Section
  • 50 N. Duke Street, Lancaster, PA 17602
  • Phone: 717-299-8284 (Prothonotary)
  • Hours: 8:30 AM – 4:30 PM, Mon–Fri
  • Filing Fee: ~$250

Dauphin County (Harrisburg)

  • Court of Common Pleas, Family Law Division
  • 101 Market Street, Harrisburg, PA 17101
  • Phone: 717-780-6530 (Prothonotary)
  • Hours: 8:30 AM – 4:30 PM, Mon–Fri
  • Filing Fee: ~$250

Filing Fees by County (Typical):

ServiceTypical Cost
Complaint filing$200–$400
Civil Cover Sheet$20–$50
Praecipe to Transmit$10–$30
Certified copies$5–$15 per copy

Fee Waiver (In Forma Pauperis):

If you cannot afford filing fees, ask the Prothonotary for an In Forma Pauperis petition. If approved, your fees will be waived. Bring proof of income (pay stubs, benefits letter) or proof of public assistance.

--- PAGE BREAK ---

11. Filing Checklist

Before Filing

  • [ ] Residency requirement met (6 months in PA)
  • [ ] Grounds determined (mutual consent, 2-year separation, or fault)
  • [ ] Marriage certificate (or alternative proof)
  • [ ] Children's information (names, dates of birth)
  • [ ] Property and debt list (if you have assets to divide)
  • [ ] Income information (for support calculations)
  • [ ] Spouse's address (for service)

Forms to Prepare

  • [ ] Complaint in Divorce (completed)
  • [ ] Civil Cover Sheet (from court)
  • [ ] Notice to Defend and Claim Rights (from court)
  • [ ] Verification (included with Complaint)
  • [ ] Affidavit of Consent (both spouses, if mutual consent)
  • [ ] Affidavit under § 3301(d) (if 2-year separation)
  • [ ] Waiver of Notice (if spouse waives service)
  • [ ] Marital Settlement Agreement (if you have property)

Filing Day

  • [ ] Bring all forms (original + 3 copies)
  • [ ] Bring filing fee or IFP petition
  • [ ] Bring photo ID
  • [ ] Know your docket number
  • [ ] Get file-stamped copies
  • [ ] Arrange for service of spouse (if not waiving)

After Filing

  • [ ] Track 90-day deadline (if mutual consent)
  • [ ] Prepare settlement agreements (property, custody, support)
  • [ ] Arrange for service (if not waived)
  • [ ] File proof of service (Affidavit of Service)
  • [ ] Prepare Praecipe to Transmit (after waiting period)

--- PAGE BREAK ---

If you cannot afford an attorney, contact these LSC-funded legal aid organizations for free help with divorce:

Philadelphia

  • Community Legal Services (CLS) — 215-981-3700 — clsphila.org
  • Family law assistance available
  • Philadelphia Legal Assistance — 215-981-3800 — philalegal.org

Allegheny County (Pittsburgh)

  • Neighborhood Legal Services — 412-255-6700 — nlsa.org

Montgomery, Bucks, Chester, Delaware Counties

  • Legal Aid of Southeastern PA — 877-529-4187 — lasp.org

Lancaster, Dauphin, Cumberland Counties

  • MidPenn Legal Services — 800-326-9177 — midpenn.org

Lehigh, Northampton Counties

  • NorthPenn Legal Services — 877-953-4250 — northpennlegal.org

Lackawanna, Luzerne Counties

  • NorthPenn Legal Services — 877-953-4250

Erie, Crawford Counties

  • Northwestern Legal Aid — 800-649-3768 — nwla.org

Berks County

  • MidPenn Legal Services — 800-326-9177

Statewide Resources:

  • PA Legal Aid Networkpalegalaid.net
  • Find Legal Aidlsc.gov/find-legal-aid
  • PA Courts Self-Helppacourts.us/legal-services/self-help

Income Eligibility:

Most LSC programs serve households at or below 125% of Federal Poverty Level:

Household SizeAnnual Income Limit
1 person$18,225
2 people$24,650
3 people$31,075
4 people$37,500
5 people$43,925
6 people$50,350
Each additional+$6,425

Even if above limits, call anyway — some programs have different funding sources.

Other Resources:

PA 2-1-1

  • Dial: 2-1-1
  • Website: pa211.org
  • Services: Referrals to social services, housing assistance, counseling

Pennsylvania Bar Association Lawyer Referral Service

  • Phone: (800) 932-0311
  • Cost: $30 for 30-minute consultation (varies by county)

Pro Bono Legal Services:

  • Many county bar associations offer pro bono divorce clinics
  • Check your local bar association website
  • Legal aid organizations often host divorce workshops

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13. Controlling Statute Citations

ARCHIVE-VERIFIED STATUTES

CitationTopicVerification
42 Pa.C.S. § 931Court of Common Pleas jurisdiction✅ ARCHIVE-VERIFIED
18 Pa.C.S. § 4904Unsworn falsification to authorities✅ ARCHIVE-VERIFIED
42 Pa.C.S. § 1725Court fees (including divorce)✅ ARCHIVE-VERIFIED

Divorce Grounds (23 Pa.C.S. § 3301)

CitationTopicVerification
23 Pa.C.S. § 3301(a)Fault-based grounds (adultery, abandonment, cruelty, etc.)⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 3301(b)Institutionalization (5+ years)⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 3301(c)Mutual consent (90-day waiting period)⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 3301(d)Irretrievable breakdown (2-year separation)⚠️ NOT IN ARCHIVE

Property Division

CitationTopicVerification
23 Pa.C.S. § 3502Equitable distribution of marital property⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 3503Alimony factors court considers⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 3506Court may order sale of marital property⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 3507Effect of divorce on property agreements⚠️ NOT IN ARCHIVE

Child Custody

CitationTopicVerification
23 Pa.C.S. § 5302Custody factors (best interest of the child)⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 5303Partial custody and shared custody⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 5305Conference between parents and counselors⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 5306Grandparent visitation rights⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 5323Modification of custody orders⚠️ NOT IN ARCHIVE

Child Support

CitationTopicVerification
23 Pa.C.S. § 4321Support guidelines (Pennsylvania Support Guidelines)⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 4322Income withholding for support⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 4323Modification of support orders⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 4325Enforcement of support orders⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 4326Interference with custody orders⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 4327Contempt for non-payment⚠️ NOT IN ARCHIVE

Procedure

CitationTopicVerification
23 Pa.C.S. § 3104Residency requirement (6 months)⚠️ NOT IN ARCHIVE
23 Pa.C.S. § 3105Venue (where to file)⚠️ NOT IN ARCHIVE
42 Pa.C.S. § 5521Appeals from Common Pleas⚠️ NOT IN ARCHIVE
Pa.R.C.P. 1920.3Family Court procedures⚠️ NOT IN ARCHIVE
Pa.R.C.P. Rule 1920.4Mandatory alternative dispute resolution (ADR)⚠️ NOT IN ARCHIVE

Name Change After Divorce

CitationTopicVerification
54 Pa.C.S. § 702Resuming former name after divorce⚠️ NOT IN ARCHIVE

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Divorce laws in Pennsylvania are complex and subject to change. For legal advice about your specific situation, contact a licensed Pennsylvania attorney or your local legal aid organization.

This guide does not create an attorney-client relationship. Court procedures, filing fees, and timelines may vary by county and may change. Always verify current requirements with your local Court of Common Pleas.

Divorce has permanent legal and financial consequences. You may lose rights to property, support, or custody if you do not respond properly. Consult an attorney before filing divorce if you can afford one, or contact legal aid if you cannot.


Archive Verification Report:

  • Statutes verified from archive: 3 (42 Pa.C.S. § 931, 18 Pa.C.S. § 4904, 42 Pa.C.S. § 1725)
  • Archive gaps identified: PA Title 23 Chapters 31-37 (Divorce Code)
  • Flagged for Harvester Agent: Add 23 Pa.C.S. §§ 3101-3716 to legal archive

Last updated: 2026-03-24 | Jurist-Diction covers divorce documents for: NY, NJ, PA, MD, DE, MS, TN

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