Pennsylvania Family Laws

Filing fees for divorce vary by county, typically $300–$400. Fee waivers are available for qualifying low-income filers via In Forma Pauperis petition.

At least one spouse must have been a bona fide resident of Pennsylvania for at least 6 months before filing.

Pennsylvania offers both no-fault divorce (mutual consent after 90-day waiting period, or irretrievable breakdown with 1-year separation) and fault-based grounds. Most divorces proceed under the mutual consent or irretrievable breakdown grounds.

Courts must consider 16 factors when determining custody, including: which party is more likely to encourage contact with the other parent, present and past abuse, parental duties performed by each party, the need for stability, siblings' relationships, each parent's availability, each parent's ability to attend to daily needs, the level of conflict between parties, and the child's preference (if mature enough).

Courts divide marital property equitably considering 11 factors: length of marriage, prior marriages, age, health, earning capacities, sources of income, contributions to earning power of the other, contribution as homemaker, standard of living, economic circumstances, and tax consequences.

Alimony may be awarded based on 17 factors including relative earnings, duration of marriage, sources of income, needs of each party, standard of living, education, and contributions as homemaker. There is no fixed formula. Awards may be permanent or for a limited duration.

Pennsylvania uses an income shares model. Both parents' net incomes are combined and the obligation is determined from the support guidelines schedule. Deductions for taxes, union dues, and existing support obligations are factored in.

PFA orders are available for victims of domestic violence, including current and former spouses, household members, dating partners, and co-parents. Temporary emergency orders can be issued ex parte and last up to 10 days. Final PFA orders can last up to 3 years.