Divorce in Pennsylvania

Ending a marriage in Pennsylvania takes more than signing papers. You need to choose grounds for the divorce, meet waiting periods, and resolve property, support, and custody before the court will enter a final decree. Graff & Associates, LLC represents spouses in divorces throughout Philadelphia, Montgomery County, Bucks County, and Delaware County. We protect your assets and your future, whether your divorce is amicable or contested. Your first consultation is free.

Who can file for divorce in Pennsylvania?

At least one spouse must have lived in Pennsylvania for at least six months before the divorce complaint is filed (23 Pa.C.S. § 3104). Only one spouse has to meet this requirement. The case is filed in the Court of Common Pleas, generally in the county where the defendant lives. If the defendant lives out of state, it can be filed where the plaintiff lives.

Pennsylvania has no formal “legal separation.” Many spouses live apart for some time before or during the divorce. During that period, either spouse can ask for spousal support or custody orders without filing for divorce.

Grounds for divorce in Pennsylvania

Most Pennsylvania divorces are no-fault. The grounds you choose decide how quickly the court can enter the decree.

Grounds	What’s required	When the decree can be entered
Mutual consent (§ 3301(c))	Both spouses agree the marriage is irretrievably broken and sign affidavits of consent	90 days after the complaint is filed and served
Irretrievable breakdown (§ 3301(d))	Spouses have lived separate and apart for at least one year; one spouse can proceed without the other’s consent	After the one-year separation is complete
Fault (§ 3301(a))	Adultery, desertion for one year or more, cruel and barbarous treatment, bigamy, a prison sentence of two years or more, or indignities	When fault is proven at a hearing
Institutionalization (§ 3301(b))	A spouse has been confined for mental illness for at least 18 months before filing, with no reasonable prospect of discharge in the next 18 months	After the statutory findings are made

“Separate and apart” means you have stopped living together as a married couple. Spouses can be separated while still living under the same roof. The date of separation is often disputed, and it can affect both your grounds and how property is valued. We help you document it from the start.

How the Pennsylvania divorce process works

1. File and serve the complaint. One spouse files a divorce complaint and serves it on the other spouse. The complaint states the grounds for divorce.
2. Raise your economic claims. Claims for equitable distribution, alimony, and counsel fees generally have to be raised before the divorce decree is entered. If you don’t raise them in time, you can lose them.
3. Exchange financial information. For property division, each spouse files an inventory of assets and debts and an income and expense statement (Pa.R.C.P. 1920.33). Pensions, businesses, and real estate may need appraisals.
4. Negotiate, mediate, or litigate. Most couples settle through a marital settlement agreement, often with help from mediation. Issues you can’t agree on go to a divorce master or a judge.
5. Final decree. Once the grounds are established and the economic claims are resolved, the court enters the divorce decree. Your settlement agreement is usually incorporated into it.

What we resolve in your divorce

A divorce decree ends the marriage. The terms that come with it shape your finances and family life for years. We handle every part of it:

• Property division. Pennsylvania divides marital property “equitably,” which does not always mean 50/50. Courts weigh factors in 23 Pa.C.S. § 3502, including the length of the marriage, each spouse’s income and earning capacity, and contributions as a homemaker. Marital misconduct is not one of them. See Property Settlement Agreements.
• Alimony and spousal support. Support during and after a divorce is a separate claim with its own rules. See Alimony and Spousal Support and Alimony Pendente Lite.
• Child custody. Custody is decided based on the child’s best interests, with safety first. See Custody.
• Child support. Support is set under the statewide guidelines. See Child Support.
• Prenuptial and postnuptial agreements. We enforce or challenge existing agreements. See Prenuptial Agreements.
• Gray divorce. When spouses divorce after 50, retirement accounts, pensions, and Social Security planning carry more weight. See Gray Divorce.
• Domestic violence concerns. If you need immediate protection, a Protection From Abuse order can be filed apart from the divorce.
• Counsel fees. In some cases, one spouse can be ordered to contribute to the other’s attorney’s fees.

How long does a divorce take in Pennsylvania?

An uncontested, mutual-consent divorce can be finished shortly after the 90-day waiting period. That is often three to six months, depending on how quickly paperwork is signed and the county’s processing time. A one-year-separation divorce can’t be finalized until a full year of separation has passed. Contested divorces with disputed property, businesses, or custody issues commonly take a year or longer. Settling early is usually the fastest and least expensive path. That is why we try negotiation first and are ready for court if needed.

Uncontested vs. contested divorce

In an uncontested divorce, spouses agree on the divorce and on how to divide property, support, and parenting time. Even then, each spouse benefits from having a lawyer review the agreement. A marital settlement agreement is a binding contract, and terms that get missed are hard to fix later.

In a contested divorce, the spouses disagree on the divorce itself or on one or more economic or custody issues. These cases involve formal discovery, valuation experts, and hearings. Strong preparation at this stage directly affects what you walk away with.

Why choose Graff & Associates for your divorce

• Family law is our focus. Divorce, custody, and support are the core of our practice. They are not a side service.
• Local courts, local knowledge. From our Jenkintown office, we appear in family courts across Philadelphia, Montgomery, Bucks, and Delaware counties.
• Settlement-minded, trial-ready. We pursue fair agreements through negotiation and mediation, and we are prepared to litigate when an agreement isn’t possible.
• Free consultation. You can talk through your options before you commit to anything.