Types of Divorce in Pennsylvania

Not all divorces look the same. In Pennsylvania, there are several types of divorce, each with its own process, timeline, and emotional and financial implications. Whether your separation is amicable or contested, understanding your options is the first step toward a more secure future.

At Cooper Family Law, we help individuals across Philadelphia and Southeastern PA choose the divorce path that aligns with their needs and goals.

1. No-Fault Divorce in Pennsylvania

A. Mutual Consent Divorce

• Both spouses agree that the marriage is irretrievably broken.

• Requires both parties to sign affidavits of consent.

• There’s a mandatory 90-day waiting period after the divorce complaint is served.

Benefits:

• Quicker and less expensive than a contested divorce

• Encourages cooperation

• Ideal for couples with minimal conflict

B. Unilateral No-Fault Divorce (One-Year Separation)

• One spouse files for divorce and claims the marriage is irretrievably broken.

• The other spouse does not need to agree.

• A divorce can proceed after the parties have been separated for one year.

Best For:

• Situations where one spouse refuses to sign or cooperate

• Couples living apart for an extended period

2. Fault-Based Divorce in Pennsylvania

Fault divorce is less common today but still used in specific cases. The filing spouse must prove that the other committed one of the following acts:

• Adultery

• Desertion (for one year or more)

• Cruelty or abuse

• Bigamy

• Incarceration (for at least two years)

• Indignities (behavior making life intolerable)

Why Choose Fault Divorce?

• May influence alimony decisions

• May be pursued when the non-filing spouse refuses to consent and there are strong grounds for blame

Considerations:

• Requires evidence and often a trial

• Can increase emotional and financial cost

3. Divorce by Institutionalization

Available if one spouse has been institutionalized for mental illness for at least 18 months, with little chance of recovery in the following 18 months.

This type of divorce must be proven with medical documentation and legal filings under 23 Pa. C.S. § 3301(a)(6).

4. Divorce by Affidavit

In some uncontested divorce cases, spouses may file an affidavit of consent without appearing in court. This is often used when both parties are represented and have agreed to all terms, including property division and custody.

This option speeds up the finalization of the divorce and is typically used after the 90-day waiting period.

Which Type of Divorce Is Right for You?

Choosing the right type of divorce depends on:

• Your relationship with your spouse

• Whether there’s mutual agreement

• The presence of abuse or misconduct

• Whether you’ve been separated for at least one year

• Your goals for alimony, property, and custody

It’s often beneficial to consult a family law attorney early to determine which type offers the best legal and emotional path forward.

Key Pennsylvania Statutes on Divorce Types

• 23 Pa. C.S. § 3301 – Grounds for divorce

• Pa. R.C.P. 1920.1–1920.91 – Divorce procedures and forms

• 23 Pa. C.S. § 3103 – Definitions, including separation and irretrievable breakdown

While the law is uniform across the state, Philadelphia, Montgomery, Bucks, Chester, and Delaware Counties may vary in:

• Court timelines

• Judicial preferences

• Mediation or conciliation requirements

Local knowledge is key when preparing and filing your divorce petition.