How to Get Divorced in Philadelphia: A Step‑by‑Step Guide

If you live in Philadelphia and are thinking about divorce, you may be wondering where to go, what forms you need, and how long everything will take. This guide explains the basic steps of filing for divorce in Philadelphia Family Court, so you know what to expect before you make any big decisions.

This information is general and educational, not a substitute for individual legal advice. Every family is different, and details like your living arrangements, finances, and safety concerns can change the options available to you.

Who this guide is for

This page is meant for people who:

• Currently live in the city of Philadelphia and want to file for divorce here
• Are married to someone who lives in Philadelphia, and are deciding where to file
• Want a practical explanation of the Philadelphia County process, not just statewide rules
• Are considering representing themselves, but want to understand how a local attorney could help

If your situation involves domestic violence, serious safety concerns, or complex property or business issues, you should speak with a lawyer or legal aid organization as early as possible.

Basic Eligibility to File in Philadelphia

Before you can file for divorce in Philadelphia, two questions matter:

1. Do you meet Pennsylvania’s residency requirement? To file for divorce in any Pennsylvania court, at least one spouse must have lived in Pennsylvania for at least six months before filing.
2. Is Philadelphia County the right county? Divorce cases are filed in the county where at least one spouse lives, or where both spouses agree to file. To get divorced in Philadelphia County, one spouse must now live in Philadelphia, or both spouses must consent to have the case here. There is no additional “time in Philadelphia” requirement beyond the Pennsylvania six‑month rule.

If you recently moved into or out of the city, or if your spouse lives outside Pennsylvania, a local attorney can help you evaluate whether Philadelphia is the best place to file and how that choice might affect your case.

Where Divorces are Filed in Philadelphia

All divorce cases in the city of Philadelphia are handled by the Family Court Division of the Court of Common Pleas, located at:

Philadelphia Family Court
Clerk of Family Court
1501 Arch Street, 11th Floor
Philadelphia, PA 19102

The divorce complaint is filed with the Clerk of Family Court (sometimes called the Office of the Clerk or Office of Judicial Records). Filings are generally accepted in person on weekdays during regular business hours.

Philadelphia Family Court also operates a Help Center at 1501 Arch Street, where self‑represented people can receive legal information (not representation) about divorce basics, no‑fault divorces, proper service, and how to finalize a case.

No‑Fault and Fault‑Based Divorce in Philadelphia

Because Philadelphia divorce cases are governed by Pennsylvania law, the same statewide grounds apply here.

No‑Fault Divorce

Most divorces in Philadelphia are no‑fault, meaning the marriage is considered “irretrievably broken” and the court does not assign official blame to either spouse.

There are two common no‑fault paths:

• Mutual consent (Section 3301(c)) – Both spouses agree to the divorce. One spouse files a divorce complaint; the other is served. After a 90‑day waiting period from the date of service, both spouses may sign Affidavits of Consent and proceed toward a final decree.
• Separation‑based no‑fault (Section 3301(d)) – One spouse can move forward without the other’s consent if they can show the marriage is irretrievably broken, and the spouses have lived “separate and apart” for the required separation period, generally one year for separations that began on or after December 5, 2016.

Fault‑Based Divorce

Fault‑based divorces are less common but still available in Pennsylvania. They require one spouse to prove that the other engaged in specific misconduct, such as adultery, desertion, cruel and barbarous treatment, or certain long‑term incarceration or institutionalization.

Even when serious misconduct is involved, many Philadelphians choose no‑fault routes for practical reasons, such as focusing on safety planning, property division, and parenting arrangements, rather than litigating fault in court.

Contested vs. Uncontested Divorces in Philadelphia

Separate from the “grounds” of divorce is the question of whether your case is contested or uncontested.

• A divorce is uncontested when both spouses agree to the divorce and to all major issues: how to divide property and debts, whether one spouse will receive alimony, and, if there are children, how custody and child support will work.
• A divorce is contested when you and your spouse do not agree on one or more of those issues. Even contested cases may settle through negotiation, court conferences, or mediation, but the court can ultimately decide unresolved issues after hearings or trial.

Knowing whether your case is likely to be contested or uncontested helps you plan for timing, cost, and whether you will need court hearings.

Step‑By‑Step: Filing for Divorce in Philadelphia

Every case is different, but many divorces filed in Philadelphia Family Court follow a series of common steps.

1. Consider your options and get information

Before you file, it can be helpful to:

• Gather financial information such as pay stubs, tax returns, mortgage statements, and records of bank or retirement accounts
• Think through goals for your home, finances, and your children’s schedules
• Visit the Family Court Help Center or speak with a local family law attorney to understand your rights and responsibilities

If there are safety concerns, you may also want to learn about Protection From Abuse (PFA) orders and other protective measures available through the court.

2. Prepare and file a Complaint in Divorce

The divorce begins when one spouse (the “plaintiff”) files a Complaint in Divorce at the Clerk of Family Court, 1501 Arch Street, 11th Floor. The complaint:

• Identifies both spouses
• States the grounds for divorce (such as mutual consent or separation‑based no‑fault)
• Raises related claims such as equitable distribution of marital property, alimony, or other relief under Pennsylvania law

A filing fee is required, and the city’s divorce brochure notes that fees can be significant; people with low income may request permission to proceed in forma pauperis (IFP), which can reduce or waive filing fees if approved.

3. Serve the other spouse

After filing, the plaintiff must properly serve the complaint and related forms on the other spouse (the “defendant”), using a method approved by Pennsylvania rules, such as personal service or certain forms of mail.

Proof of service must be filed with the court. If service is not done correctly, the case cannot move forward, so it is important to follow the instructions provided by the court or your attorney.

4. Observe waiting periods and respond to paperwork

In mutual‑consent no‑fault cases, there is typically a 90‑day waiting period after the defendant is served before the parties can file Affidavits of Consent and move toward a final decree. During this period, spouses often work on resolving property and support issues.

In separation‑based cases, one spouse may file after meeting the statutory separation period and then serve additional forms, such as a Notice of Intention to Request Entry of a Divorce Decree.

Both spouses will receive forms explaining their rights, including a Notice to Defend, and will have opportunities to agree or object. Reading these documents carefully and responding by the deadlines is critical.

5. Exchange information and try to resolve issues

Depending on the complexity of your case, you may:

• Exchange financial information and documentation
• Participate in court‑scheduled conferences or conciliations
• Engage in negotiation or mediation to resolve property division, alimony, and custody issues

Philadelphia Family Court procedures aim to encourage settlements where possible, especially in cases involving children. Reaching an agreement can significantly shorten the process and reduce costs.

6. Finalize agreements and submit final paperwork

If you and your spouse reach an agreement, your terms are usually written into a marital settlement agreement. Once waiting periods are satisfied and required forms are filed, such as Affidavits of Consent, Praecipe to Transmit Record, and a proposed Divorce Decree, the court can review your paperwork.

According to Philadelphia’s administrative divorce procedure materials, no additional local documents are required beyond what statewide rules specify, but it remains your responsibility to ensure that all forms are correctly completed and filed.

7. Receive the divorce decree

If the court is satisfied that all legal requirements have been met, a divorce decree will be issued. This document legally ends your marriage and can incorporate your property, support, and custody arrangements.

After the decree is entered, you may need certified copies for tasks like changing your name, refinancing a home, or updating beneficiary designations.

How long does a divorce take in Philadelphia?

Timelines vary widely from case to case.

• A relatively straightforward, mutual‑consent no‑fault divorce, where both spouses cooperate and agree on all terms, may be completed a few months after the 90‑day waiting period, depending on how quickly paperwork is handled and how busy the court is.
• Contested cases involving significant disagreements over property, alimony, or custody can take considerably longer, especially if hearings or trials are required.
• Separation‑based no‑fault cases require a longer overall timeline because of the one‑year separation requirement for separations beginning after December 5, 2016.

A local attorney who regularly practices in Philadelphia Family Court can give you a more realistic estimate after reviewing your particular circumstances.

Property Division in a Philadelphia Divorce

Because Philadelphia divorces are governed by Pennsylvania’s equitable distribution rules, marital property is divided based on what is fair, not automatically 50/50.

Marital property often includes:

• Real estate acquired during the marriage
• Retirement accounts and pensions built up during the marriage
• Bank accounts, investments, and vehicles
• Business interests, if applicable
• Debts such as credit cards, loans, or mortgages taken on during the marriage

Courts and negotiating spouses consider factors like the length of the marriage, each spouse’s income and earning capacity, non‑financial contributions (such as caregiving), and each spouse’s overall needs when deciding how to divide property and debt.

Because this analysis can be complex and may involve appraisals or financial experts, it is helpful to gather thorough documentation and to seek advice tailored to your situation.

Alimony and Support Between Spouses

In Philadelphia, as anywhere in Pennsylvania, alimony (support paid after the divorce) is not guaranteed. Courts may award alimony when it is necessary and appropriate based on the parties’ finances and the circumstances of the marriage.

Before a divorce is finalized, spouses may also encounter:

• Spousal support – support paid after separation but before a divorce complaint is filed
• Alimony pendente lite (APL) – support paid while the divorce case is pending

Factors affecting whether alimony is awarded and in what amount include the length of the marriage, each spouse’s income and earning capacity, their health, their roles during the marriage, and any other circumstances that affect fairness.

Children, Custody, and Child Support in Philadelphia

If you have children, divorce will intersect with custody and child support issues.

• Custody complaints in Philadelphia County are heard by the Domestic Relations Division of the Court of Common Pleas, located in the same complex as Family Court at 1501 Arch Street.
• Courts decide custody based on the best interests of the child, considering factors like each parent’s ability to provide a stable home, the child’s relationships and routines, any history of abuse or substance misuse, and each parent’s willingness to support the child’s relationship with the other parent.
• Child support is calculated using statewide guidelines that take into account both parents’ incomes and the cost of raising children, with additional orders to address health insurance, childcare, and certain medical expenses as needed.

Because custody and support decisions can have long‑term effects, it is especially important to understand your options and to seek legal advice if there are disagreements or serious safety concerns.

Free and Low‑Cost Resources in Philadelphia

In addition to private attorneys, Philadelphians have access to several resources for information about divorce:

• Philadelphia Family Court Help Center – Located at 1501 Arch Street, 11th Floor; provides legal information about divorce basics, no‑fault options, service of documents, and finalizing a case.
• Official Divorce Brochure from the Philadelphia Courts – A free brochure explaining general divorce procedures and local filing details, including current fees and office locations.
• Philadelphia Legal Assistance (PLA) – Offers services and information for qualifying low‑income residents, including a dedicated divorce information page and guidance about Family Court processes.
• Lawyer Referral and Information Service (Philadelphia Bar Association) – Connects members of the public with private attorneys for a low‑cost initial consultation.

These resources can help you better understand the process, but they do not replace individualized legal advice for your particular case.