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:
| Statute | Topic | Status |
|---|---|---|
| 42 Pa.C.S. § 931 | Court of Common Pleas jurisdiction | ✅ ARCHIVE-VERIFIED |
| 18 Pa.C.S. § 4904 | Unsworn falsification to authorities | ✅ ARCHIVE-VERIFIED |
| 42 Pa.C.S. § 1725 | Court fees (including divorce filing) | ✅ ARCHIVE-VERIFIED |
ARCHIVE GAP — Statutes NOT yet indexed (citations from PA Consolidated Statutes):
| Statute | Topic | Note |
|---|---|---|
| 23 Pa.C.S. § 3104 | Residency requirement | Not in archive — cite from statute |
| 23 Pa.C.S. § 3105 | Venue | Not in archive — cite from statute |
| 23 Pa.C.S. § 3301 | Divorce grounds | Not in archive — cite from statute |
| 23 Pa.C.S. § 3502 | Equitable distribution | Not in archive — cite from statute |
| 23 Pa.C.S. § 3701 | Alimony | Not in archive — cite from statute |
| 23 Pa.C.S. § 3305 | Name restoration | Not 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
- Eligibility Checker — Who Can File for Divorce in Pennsylvania?
- Required Forms — What You Need to File
- FORM 1: Complaint in Divorce (Blank Template + Sample Completed)
- FORM 2: Affidavit of Consent (§ 3301(c) Mutual Consent)
- FORM 3: Affidavit Under § 3301(d) (2-Year Separation)
- FORM 4: Praecipe to Transmit Record
- FORM 5: Waiver of Notice
- FORM 6: Notice to Defend and Claim Rights
- Step-by-Step Filing Instructions
- Court Information — Pennsylvania Courts of Common Pleas
- Filing Checklist
- Legal Aid Resources
- Controlling Statute Citations
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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:
| Pathway | Requirement | Timeline |
|---|---|---|
| Mutual Consent (§ 3301(c)) | Both spouses agree to divorce | 90-day wait + processing |
| 2-Year Separation (§ 3301(d)) | Lived separately for 2 years | After 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)
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2. Required Forms for Pennsylvania Divorce
Core Forms (Required for All Divorces)
| Form Name | Purpose | Where to Obtain |
|---|---|---|
| Complaint in Divorce | Starts the divorce case | COUNTY PROTHONOTARY Office |
| Civil Cover Sheet | Court administrative form | COUNTY PROTHONOTARY Office |
| Notice to Defend and Claim Rights | Notifies spouse of divorce filing | Attached to Complaint |
| Verification | Sworn statement that facts are true | Included with Complaint |
For Mutual Consent Divorce (§ 3301(c))
| Form Name | Purpose | When to File |
|---|---|---|
| Affidavit of Consent (§ 3301(c)) | Both spouses consent to divorce | After 90-day waiting period |
| Waiver of Notice | Spouse waives formal notice | At filing or service |
For 2-Year Separation Divorce (§ 3301(d))
| Form Name | Purpose | When to File |
|---|---|---|
| Affidavit Under § 3301(d) | Confirms 2-year separation | After 2 years of separation |
To Finalize Divorce
| Form Name | Purpose | When to File |
|---|---|---|
| Praecipe to Transmit Record | Requests court to grant divorce | After all requirements met |
| Decree in Divorce | Judge signs to end marriage | Court issues after review |
If You Have Children
| Form Name | Purpose |
|---|---|
| Custody Complaint | Establishes custody arrangements |
| Child Support Guidelines | Calculates support obligations |
| Parenting Plan | Details custody schedule |
If You Own Property Together
| Form Name | Purpose |
|---|---|
| Property Settlement Agreement | Divides assets and debts |
| Inventory and Appraisement | Lists all marital property |
Fee Waiver (If You Cannot Afford Fees)
| Form Name | Purpose |
|---|---|
| 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
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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
- Plaintiff, [YOUR FULL LEGAL NAME], resides at [ADDRESS], [CITY], PA [ZIP].
- Defendant, [SPOUSE'S FULL LEGAL NAME], resides at [ADDRESS], [CITY], PA [ZIP].
- Plaintiff has been a bona fide resident of Pennsylvania for at least six months.
- The parties were married on [DATE] in [CITY, STATE/COUNTRY].
- The parties separated on [DATE].
- 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]
- CHILDREN:
[ ] No minor children
[ ] Minor children: [NAME(S) AND DOB(S)]
- 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
- Plaintiff, JAMES MICHAEL ANDERSON, resides at 1234 Walnut Street, Apt 4B, Philadelphia, PA 19103.
- Defendant, SARAH ELIZABETH ANDERSON, resides at 5678 Spruce Street, Apt 2C, Philadelphia, PA 19139.
- Plaintiff has been a bona fide resident of Pennsylvania for at least six months.
- The parties were married on June 15, 2018 in Cape May, New Jersey.
- The parties separated on December 1, 2025.
- 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
- CHILDREN:
[X] Minor children:
- EMILY ROSE ANDERSON (DOB: March 12, 2020)
- JACOB MICHAEL ANDERSON (DOB: July 22, 2022)
- 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
`
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4. FORM 2: Affidavit of Consent (§ 3301(c) Mutual Consent)
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:
- We are the parties in the above-captioned divorce action.
- 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).
- 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.
- 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
- 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]
`
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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:
- I am the [Plaintiff/Defendant] in the above-captioned divorce action.
- I reside at [ADDRESS], [CITY], PA [ZIP].
- The parties to this action were married on [DATE] in [CITY, STATE].
- 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).
- 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.
- 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.
- 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]
`
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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:
- [ ] 90-day waiting period has expired (Section 3301(c))
[ ] Two-year separation requirement has been met (Section 3301(d))
- The following affidavits are attached:
[ ] Affidavit of Consent (both parties)
[ ] Affidavit under Section 3301(d)
- 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: _______________________
`
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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: _________________
`
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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:
- YOU HAVE THE RIGHT to consult an attorney of your choice regarding this divorce.
- 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.
- 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
- 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]
`
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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 Situation | Pathway | Requirements |
|---|---|---|
| Both spouses agree to divorce | Mutual Consent (§ 3301(c)) | 90-day wait + Affidavits of Consent |
| Spouse disagrees OR 2+ years separated | 2-Year Separation (§ 3301(d)) | 2 years separate + Affidavit under § 3301(d) |
| Fault-based (adultery, abuse, etc.) | Fault grounds | Evidence required + longer timeline |
Step 3: Prepare Your Forms
Required for all divorces:
- Complaint in Divorce
- Civil Cover Sheet (from court)
- Notice to Defend and Claim Rights (from court)
- Verification (included with Complaint)
For Mutual Consent:
- Affidavit of Consent (both spouses sign)
- Marital Settlement Agreement (if you have property)
- Waiver of Notice (optional, saves time)
For 2-Year Separation:
- Affidavit under § 3301(d)
- Evidence of separation (separate leases, utility bills)
If you have children:
- Custody Complaint or Agreement
- Child Support Worksheet
- Parenting Plan
Step 4: File Your Complaint
- Take your forms to the Prothonotary's Office in the county where you or your spouse resides
- Pay the filing fee ($200–$400, varies by county)
- Reference: 42 Pa.C.S. § 1725 (ARCHIVE-VERIFIED) establishes fee structures
- Get a file-stamped copy of your Complaint
- 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:
- File Praecipe to Transmit Record
- Attach all required affidavits and agreements
- 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
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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):
| Service | Typical 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 ---
12. Pennsylvania Legal Aid Resources
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 Network —
palegalaid.net - Find Legal Aid —
lsc.gov/find-legal-aid - PA Courts Self-Help —
pacourts.us/legal-services/self-help
Income Eligibility:
Most LSC programs serve households at or below 125% of Federal Poverty Level:
| Household Size | Annual 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
| Citation | Topic | Verification |
|---|---|---|
| 42 Pa.C.S. § 931 | Court of Common Pleas jurisdiction | ✅ ARCHIVE-VERIFIED |
| 18 Pa.C.S. § 4904 | Unsworn falsification to authorities | ✅ ARCHIVE-VERIFIED |
| 42 Pa.C.S. § 1725 | Court fees (including divorce) | ✅ ARCHIVE-VERIFIED |
Divorce Grounds (23 Pa.C.S. § 3301)
| Citation | Topic | Verification |
|---|---|---|
| 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
| Citation | Topic | Verification |
|---|---|---|
| 23 Pa.C.S. § 3502 | Equitable distribution of marital property | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 3503 | Alimony factors court considers | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 3506 | Court may order sale of marital property | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 3507 | Effect of divorce on property agreements | ⚠️ NOT IN ARCHIVE |
Child Custody
| Citation | Topic | Verification |
|---|---|---|
| 23 Pa.C.S. § 5302 | Custody factors (best interest of the child) | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 5303 | Partial custody and shared custody | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 5305 | Conference between parents and counselors | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 5306 | Grandparent visitation rights | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 5323 | Modification of custody orders | ⚠️ NOT IN ARCHIVE |
Child Support
| Citation | Topic | Verification |
|---|---|---|
| 23 Pa.C.S. § 4321 | Support guidelines (Pennsylvania Support Guidelines) | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 4322 | Income withholding for support | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 4323 | Modification of support orders | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 4325 | Enforcement of support orders | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 4326 | Interference with custody orders | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 4327 | Contempt for non-payment | ⚠️ NOT IN ARCHIVE |
Procedure
| Citation | Topic | Verification |
|---|---|---|
| 23 Pa.C.S. § 3104 | Residency requirement (6 months) | ⚠️ NOT IN ARCHIVE |
| 23 Pa.C.S. § 3105 | Venue (where to file) | ⚠️ NOT IN ARCHIVE |
| 42 Pa.C.S. § 5521 | Appeals from Common Pleas | ⚠️ NOT IN ARCHIVE |
| Pa.R.C.P. 1920.3 | Family Court procedures | ⚠️ NOT IN ARCHIVE |
| Pa.R.C.P. Rule 1920.4 | Mandatory alternative dispute resolution (ADR) | ⚠️ NOT IN ARCHIVE |
Name Change After Divorce
| Citation | Topic | Verification |
|---|---|---|
| 54 Pa.C.S. § 702 | Resuming 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