Were you served, or are you filing, in Pennsylvania? Learn the wait and the residency rule.
Pennsylvania Divorce: Waiting Period, Residency Rule, Timeline
Pennsylvania in short
Pennsylvania's waiting period: 90 days for a mutual consent divorce. (palegis.us) Pennsylvania's residency rule: at least one party a bona fide resident of Pennsylvania for at least 6 months immediately before commencement (23 Pa.C.S. 3104(b)). (palegis.us) Pennsylvania's separation rule: mutual consent route needs no separation; the irretrievable breakdown route requires at least 1 year living separate and apart (23 Pa.C.S. 3301(c), (d)). (national chart) Pennsylvania's alimony rule: pendente lite only; formula applies to support during the divorce, post-divorce alimony is factor-based (23 Pa.C.S. 3701). (recordinglaw.com)
Checked October 14, 2026
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Uncontested divorce in Pennsylvania
- Court filing fee
$201.75 is listed for Pennsylvania (needs court check): not yet confirmed against a current court fee schedule.
How this was read
Varies by county: the clerk where the case is filed sets the exact amount.
Marked for a court check: this figure still needs to be confirmed against a current court fee schedule.
Source note: varies by county (prothonotary); FindLaw (Jul 2026) figure.
Source: findlaw.com
- Fee waiver
A fee waiver path is recorded for Pennsylvania: in forma pauperis; Pa.R.C.P. 240.
Source: national chart
- Residency before filing
At least one party a bona fide resident of Pennsylvania for at least 6 months immediately before commencement (23 Pa.C.S. 3104(b)).
Source: palegis.us
- Separation
Separation rule recorded for Pennsylvania: no (yes, 1 year, when one spouse does not consent).
How this was read
Mutual consent route needs no separation; the irretrievable breakdown route requires at least 1 year living separate and apart (23 Pa.C.S. 3301(c), (d)).
Source: national chart
- Waiting period
The waiting period in Pennsylvania is 90 days.
How this was read
Mutual consent divorce: 90 days must elapse from commencement of the action and both parties file consent affidavits (23 Pa.C.S. 3301(c)); without consent, 1 year living separate and apart (3301(d)).
Source: palegis.us
Pennsylvania divorce rules at a glance
| Rule | Pennsylvania | Source |
|---|---|---|
| Filing fee | $201.75 (needs court check) | findlaw.com |
| Separation required | No (yes, 1 year, when one spouse does not consent) | national chart |
| Residency | At least one party a bona fide resident of Pennsylvania for at least 6 months immediately before commencement (23 Pa.C.S. 3104(b)) | palegis.us |
| Property regime | Equitable distribution | irs.gov |
| Waiting period | 90 days | palegis.us |
| Child support model | Income shares | ncsl.org |
| Alimony rule | Pendente lite only; formula applies to support during the divorce, post-divorce alimony is factor-based (23 Pa.C.S. 3701) | recordinglaw.com |
| Fee waiver | Yes (in forma pauperis; Pa.R.C.P. 240) | national chart |
Checked October 14, 2026. Not recorded for Pennsylvania: parenting class rule and mediation rule.
Pennsylvania in detail
Pennsylvania's residency rule reads: at least one party a bona fide resident of Pennsylvania for at least 6 months immediately before commencement (23 Pa.C.S. 3104(b)). (palegis.us) Pennsylvania's waiting period (90 days): mutual consent divorce: 90 days must elapse from commencement of the action and both parties file consent affidavits (23 Pa.C.S. 3301(c)); without consent, 1 year living separate and apart (3301(d)). (palegis.us) On separation: mutual consent route needs no separation; the irretrievable breakdown route requires at least 1 year living separate and apart (23 Pa.C.S. 3301(c), (d)). (no link recorded) Pennsylvania's filing fee ($201.75 (needs court check)): varies by county (prothonotary); FindLaw (Jul 2026) figure. (findlaw.com) Pennsylvania's alimony rule: pendente lite only; formula applies to support during the divorce, post-divorce alimony is factor-based (23 Pa.C.S. 3701). (recordinglaw.com)
Steps and minimum times in Pennsylvania
- Before filing, residency. At least one party a bona fide resident of Pennsylvania for at least 6 months immediately before commencement (23 Pa.C.S. 3104(b)). (palegis.us)
- Before filing, separation. Mutual consent route needs no separation; the irretrievable breakdown route requires at least 1 year living separate and apart (23 Pa.C.S. 3301(c), (d)). (national chart)
- Filing. Pennsylvania court fee $201.75 (needs court check). (findlaw.com)
- Earliest possible decree. 90 days in Pennsylvania: mutual consent divorce: 90 days must elapse from commencement of the action and both parties file consent affidavits (23 Pa.C.S. 3301(c)); without consent, 1 year living separate and apart (3301(d)). (palegis.us)
What filing costs in Pennsylvania
- Court filing fee: $201.75 (needs court check) (findlaw.com)
- Fee waiver: Yes (in forma pauperis; Pa.R.C.P. 240) (national chart)
Official sources for Pennsylvania
Questions about Pennsylvania
How much is Pennsylvania's divorce filing fee?
$201.75 (needs court check). Fee waiver: yes (in forma pauperis; Pa.R.C.P. 240). (findlaw.com)
How long is Pennsylvania's waiting period for divorce?
90 days. Mutual consent divorce: 90 days must elapse from commencement of the action and both parties file consent affidavits (23 Pa.C.S. 3301(c)); without consent, 1 year living separate and apart (3301(d)). (palegis.us)
What is Pennsylvania's residency rule for divorce?
At least one party a bona fide resident of Pennsylvania for at least 6 months immediately before commencement (23 Pa.C.S. 3104(b)). (palegis.us)
Does Pennsylvania have an alimony formula?
Pendente lite only; formula applies to support during the divorce, post-divorce alimony is factor-based (23 Pa.C.S. 3701). (recordinglaw.com)
Does Pennsylvania require a separation before divorce?
No (yes, 1 year, when one spouse does not consent). Mutual consent route needs no separation; the irretrievable breakdown route requires at least 1 year living separate and apart (23 Pa.C.S. 3301(c), (d)). (national chart)
How this page is built
Each rule here is one cell of the 51-row divorce dataset behind the national chart, with its source. Unrecorded cells are left out. Lawyers' fees are not sourced or counted. General information, not legal advice.