Pennsylvania Divorce Requirements
Below are the requirements to get divorced in Pennsylvania. At least one of the grounds for divorce in Pennsylvania must also be met.
- Residency
- Same State, Different Address
- Proof of Residency
- Resident Versus Nonresident
- How to Establish Residency
- County Jurisdiction
Divorce
Under Pennsylvania Law, you have the right to represent yourself in all legal cases, including divorce.
The legal term for representing yourself is "pro se" (pronounced "pro say") which is Latin for "on your own behalf." Representing yourself is not a good idea for everyone. It is important to understand that by representing yourself, you may be giving up important rights. It is very important for you to find out if your spouse has a pension, retirement account, insurance or other significant property before you decide whether to file your own divorce. If you do not ask for such things in the divorce, you will give them up forever.
Before you file for divorce on your own, you need to talk to your spouse, if possible, and find out how he/she feels about the divorce and about the issues mentioned above. This will give you an indication on how to proceed with the divorce.
The law limits the authority of the court to grant divorces (known as a question of jurisdiction-can this court hear this divorce?). The law also dictates when the court has jurisdiction over a divorce proceeding.
Within Pennsylvania, the Court of Common Pleas has jurisdiction to hear divorce cases. Generally, the Common Pleas court with jurisdiction for your case is the Common Pleas court in the county where you live or the Common Pleas court in the county where your spouse lives. When you file the relevant papers, you must have stated your grounds for that court to have jurisdiction. If not state correctly, your spouse could file a motion to dismiss your case.
After you file your papers, your spouse has 30 days (if your spouse lives in Pennsylvania), 60 days (if your spouse lives outside of Pennsylvania, but in the United States), or 90 days (if your spouse lives outside the United States) to respond to your request for divorce (known as a Complaint). If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. You do not have to appear in Court if your divorce is based on Mutual Consent.
Pennsylvania law requires a 90-day waiting period for mutual consent divorces after the complaint is served.
Residency
In order to start the divorce process you must file a complaint in the Common Pleas court where you or your spouse lives. In your complaint or at the hearing, you will have to meet the residency requirement. In Pennsylvania you or your spouse must have lived in Pennsylvania for at least six (6) months before a divorce complaint is filed. You cannot file until you have met the six (6) month residency requirement.
Same State, Different Addresses
You do not have to remain at the same address to fulfill your residency requirement. You can move anywhere within the state from which you are filing. The forms do not require you to list all addressees, but you should be prepared to prove where you lived during the separation in the final hearing.
Proof of Residency
Your residency is substantiated by your sworn complaint. The testimony is all that most courts require to verify residency. But cases have been dismissed and even overturned because of improper proof of residency.
Resident Versus Nonresident
A court may take on a divorce proceeding even if your spouse is not a resident of Pennsylvania. If you or your spouse move to another state after the divorce has been filed, you may still have your case heard in Pennsylvania.
How to Establish Residency
Register to vote. Get a driver's license. Get a job. Open charge accounts. Register your car. Take out a library card. The list is endless. But whatever you do, do not maintain a residence in another state that could imply that you do not intend to remain in the state from which you file.
County Jurisdiction
Pennsylvania has counties that govern which court your divorce will take place in. This is called venue. The divorce must be filed where either the plaintiff or defendant resides or where either is regularly employed or has a place of business.
Pennsylvania Divorce Forms
Self-Prepared
| Pennsylvania Divorce | $59.00 |
| PA MSA | $39.00 |
| PA Divorce & MSA Combo (best value) | $89.00 |
Legal Technician-Prepared
| Pennsylvania Divorce | $149.00 |
| PA MSA | $79.00 |
| PA Divorce & MSA Combo (best value) | $199.00 |
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