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Pennsylvania law

Family Laws in Pennsylvania.

Pennsylvania is an equitable distribution state — marital property is divided equitably but not necessarily equally. The state uses a "best interests of the child" standard for custody, and the Child Custody Act lists 16 specific factors courts must consider. Pennsylvania recognizes both legal and physical custody, each of which may be shared or sole. Alimony and alimony pendente lite (during litigation) are available based on 17 statutory factors.

Last verified: 2026-02-25

State law

Statute of Limitations

Varies by action type23 Pa.C.S. § 3301

There is no statute of limitations for filing for divorce. Custody and support modifications require a change in circumstances. Property division is resolved as part of the divorce proceeding.

State law

Filing Requirements

Divorce Filing Fee~$300–$400

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

Residency Requirement23 Pa.C.S. § 3104

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

Grounds for Divorce23 Pa.C.S. § 3301

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.

State law

Key Pennsylvania Statutes

Best Interests of the Child (16 Factors)23 Pa.C.S. § 5328

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).

Equitable Distribution of Property23 Pa.C.S. § 3502

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.

Child Support GuidelinesPa.R.C.P. 1910.16-1 et seq.

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.

Protection From Abuse Orders23 Pa.C.S. § 6101 et seq.

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.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Pennsylvania.

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