Types of Divorce in Pennsylvania

4 Main Types of Divorce in PA

1. No-Fault Divorce in Pennsylvania

Pennsylvania recognizes divorce under no-fault grounds, meaning you do not need to prove wrongdoing by your spouse to obtain a divorce. Instead, you must show that the marriage has reached an irretrievable breakdown.

• Mutual Consent Divorce
  Mutual consent requires:
  • Both parties agree that the marriage is irretrievably broken.
  • Each signs an affidavit stating consent.
  • After a 90-day waiting period from when the divorce complaint is filed and served, the court may issue a final divorce decree.
• Benefits: This process is often quicker, less costly, and promotes cooperation, especially in uncontested divorce cases.
• Unilateral No-Fault Divorce (One-Year Separation)
  • One spouse files for divorce, even if the other spouse disagrees.
  • Divorce can proceed once the parties involved have been living separately for at least one year.
• Best For: Cases where only one spouse wants the divorce or refuses to sign consent forms.

2. Fault-Based Divorce in Pennsylvania

Though less common today, a fault-based divorce may be pursued when the filing spouse can prove grounds for divorce, such as:

• Adultery
• Desertion for one year or more
• Cruel treatment or cruel and barbarous treatment
• Bigamy
• Incarceration for two or more years
• Indignities (behavior making life intolerable)

Why choose a fault divorce?

• Fault grounds may affect alimony payments or financial outcomes.
• It may be necessary when the other spouse refuses to consent and there is strong evidence of misconduct.

Considerations: Proving a spouse’s fault often requires presenting evidence in court, which can increase legal fees, stress, and the duration of the divorce proceedings.

3. Divorce by Institutionalization

Pennsylvania divorce law also allows a divorce if one spouse has been confined to a mental institution for at least 18 months due to a serious mental disorder, with little likelihood of discharge in the following 18 months. This process requires medical documentation and court approval.

4. Divorce by Affidavit

In certain uncontested divorce cases, spouses may submit affidavits of consent without attending court hearings. This option is often used after the 90-day waiting period when all terms of custody, support, and property division have already been resolved.

Key Issues in Pennsylvania Divorce Cases

Marital Property and Equitable Division

Under Pennsylvania divorce laws, marital property includes most property acquired during the marriage, such as real estate, retirement accounts, bank accounts, and debts.

Courts apply the principle of equitable division, which means property is divided fairly but not necessarily equally. Factors Pennsylvania courts consider include:

• Length of the marriage
• Each spouse’s earning capacity
• Contributions to marital assets and household
• Marital misconduct or fault grounds

Spousal Support and Alimony

Financial support obligations may arise during and after the divorce process.

• Spousal support may be ordered during separation.
• Alimony payments may be awarded after the final divorce decree to help the lower-earning spouse maintain stability.

Factors include income disparity, duration of marriage, marital misconduct, and the financial needs of the injured spouse.

Child Custody and Child Support

Divorce cases involving children must address child custody and support. Courts focus on the child’s best interests, considering:

• Stability of each parent’s home
• History of domestic violence or personal injury crime
• Ability to provide emotional and financial support

Child support is typically calculated based on both parents’ incomes and the custody schedule.

Residency Requirements for Divorce in Pennsylvania

To initiate a divorce action, at least one spouse must have resided in Pennsylvania for at least six months before filing the divorce complaint.

The Divorce Process in Pennsylvania

1. Filing a divorce complaint with the court
2. Serving the other spouse with divorce papers
3. Waiting periods or separation requirements, depending on divorce type
4. Negotiation or litigation of issues such as property division, support, and custody
5. Entry of the final decree, which legally ends the marriage

How Cooper Family Law Can Help

Every divorce case is unique. Whether your situation involves a mutual consent divorce, a contested property division, or allegations of marital misconduct, having trusted counsel is essential.

At Cooper Family Law, we bring over 50 years of combined experience guiding families in Philadelphia and across Southeastern Pennsylvania through divorce proceedings with clarity and compassion. Our attorneys safeguard your financial interests, prioritize your children’s well-being, and ensure you move forward with confidence.

Family Matters. Experience Counts. Contact us today to schedule a confidential consultation and take the first step toward resolution.