DIVORCE IN PHILADELPHIA COUNTY
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 1, January 2020
Do you want to file for divorce?
Divorce is a legal procedure that ends a marriage and
changes the legal relationship between former
spouses. Living apart from your husband or wife does
not legally end a marriage.
Types of divorce available in
Pennsylvania.
There are 2 kinds of divorce: no-fault divorce and
fault-based divorce. Most people in Pennsylvania
obtain a no-fault divorce because it is easier and
cheaper and you may not have to appear before a
judge or go to court other than to file the papers
needed for the divorce. There are 2 kinds of no-fault
divorce:
1. If both parties agree to the divorce, they can
obtain a no-fault divorce based on consent. After one
party files for the divorce, and 90 days has passed
after the complaint is served on the other spouse, each
party may file an Affidavit of Consent to divorce. If
your spouse was convicted of a personal injury crime
(a misdemeanor or felony crime listed in the divorce
law) against you, you will not have to get your spouse
to sign a consent affidavit and file it with the court.
Consent will be presumed. You may also work out
any property issues you have by agreeing on how you
will deal with marital property in a Property
Settlement Agreement. The court rules require you to
file a series of legal papers to complete the divorce.
This is the fastest way to divorce in Pennsylvania, but
it requires both parties to work together
2. Unilateral (also known as “irretrievable
breakdown”) no-fault divorce is available if one of
the spouses will not agree to the divorce but the
parties have been living separate and apart (defined by
the statute as “complete cessation of any and all
cohabitation, whether living in the same residence or
not”) for at least one year and the marriage is
irretrievably broken. You may file for the divorce
before you have lived separate and apart for one year,
but you cannot finalize the divorce until the required
time period has passed.
There may be disagreement between you and your
spouse about when you started living separate and
apart. If you disagree with each other, It is important
to try to get some legal advice on this issue.
Where to file for divorce.
You may file for divorce in Philadelphia County if
you or your spouse lived in Pennsylvania for the 6
months immediately before the filing of the divorce
complaint, and either party currently resides in
Philadelphia or you agree to divorce in Philadelphia.
There is no required length of residency in the county
where the divorce complaint is filed. In Philadelphia,
a divorce complaint is filed with the Clerk of Family
Court at 1501 Arch Street, 11
th
Fl. Philadelphia, PA.
What is the cost?
The filing fee is $333.73. You may pay with a money
order, credit card, or debit card. Personal checks and
cash are not accepted.
If you cannot pay the filing fee, you may ask to be
excused from paying the fee by filing a petition to
proceed In Forma Pauperis (IFP). Ask for and fill out
an IFP Petition. If you are on public assistance or SSI,
bring your public assistance photo ID or proof receipt
of SSI.
What happens to property owned by the
parties in a divorce?
“Marital property” refers to almost all property
regardless of whose name is on it. Such assets would
include a house (again, regardless of whose name is
on the deed or mortgage), pensions, stocks and bonds,
furniture, automobiles, bank accounts, debts, etc.
“Marital property” also includes increases in value
during the marriage of: (1) any property owned by a
spouse before the marriage and/or (2) any asset or
property a spouse inherits or receives by gift during
the marriage. Importantly, debts are also part of a
marital estate and responsibility for them may also
be divided between the parties. The law provides
guidance regarding the “equitable distribution” of
marital property. Equitable distribution means “fair.”
It does not necessarily mean 50-50 distribution of
marital property.
This brochure is meant to give you
general information and not legal advice.
Divorce forms are available under
Court of Common Pleas Family Court-
Domestic Relations at
https://www.courts.phila.gov/forms/