Getting Divorced
23 Pa.C.S. 3301 — mutual consent after 90 days, a year apart, or fault
In Pennsylvania, a divorce action can be started only if at least one spouse has been a bona fide resident of the state for at least six months immediately before it is filed.
| The ground | What it takes |
|---|---|
| The groundMutual consent | What it takesThe marriage is irretrievably broken, 90 days have passed since the action began, and each spouse has filed an affidavit consenting |
| The groundIrretrievable breakdown | What it takesThe spouses have lived separate and apart for at least one year and the marriage is irretrievably broken |
| The groundFault | What it takesSuch as desertion for one or more years, adultery, cruel and barbarous treatment, bigamy, a prison sentence of two or more years, or indignities |
Where the separation ground is denied and the court finds a reasonable prospect of reconciliation, it continues the case for not less than 90 days nor more than 120 days and requires counseling.
On request of either spouse, the court divides marital property equitably, without regard to marital misconduct. The factors include the length of the marriage, each spouse's income, skills and needs, contributions to the other's education or earning power, contributions as a homemaker, the standard of living during the marriage, and which spouse will have custody of minor children.
Sources for this section (3)
- 23 Pa.C.S. 3301 — Grounds for divorce
- 23 Pa.C.S. 3104 — Bases of jurisdiction
- 23 Pa.C.S. 3502 — Equitable division of marital property
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.