Uncontested Divorce in Pennsylvania — Mutual Consent, the 90-Day Wait and Flat Fee Pricing

Pennsylvania offers a clear path for couples who agree to end their marriage. This guide to uncontested divorce in Pennsylvania explains mutual consent divorce, the 90-day waiting period and the papers you need, with flat fee pricing.

Pennsylvania has two no-fault routes. The most common for agreed couples is mutual consent. Moreover, when both spouses sign their consents and settle every issue, the case can finish without a contested hearing. Consequently, careful paperwork is the main task.

From Philadelphia and Pittsburgh to Allentown, Erie and Harrisburg, the law is the same statewide. However, each county's Court of Common Pleas has its own local rules. Therefore, county-specific instructions save time.

Residency and grounds in Pennsylvania

First, check residency. At least one spouse must have lived in Pennsylvania for six months before filing. Otherwise, the court cannot grant the divorce.

Second, choose the ground. Mutual consent divorce requires both spouses to sign an affidavit stating the marriage is irretrievably broken. Alternatively, a divorce can be granted after one year of separation if the marriage is irretrievably broken, even if one spouse does not consent. Most agreed couples use mutual consent because it is faster.

Fault grounds

Pennsylvania still recognizes fault grounds. However, they are rarely needed when spouses agree. As a result, fault grounds mostly appear in contested cases.

The 90-day waiting period

Mutual consent divorce has a waiting period. The spouses cannot sign their affidavits of consent until 90 days after the complaint is served. Consequently, an agreed Pennsylvania divorce usually takes at least three months.

The waiting period is not wasted time. Instead, use it to finalize the property settlement agreement and exchange financial information. Then, once 90 days pass, both spouses sign their affidavits and waivers. Therefore, the final paperwork can be filed right away.

Waiver of notice of intention

Each spouse also signs a waiver of notice of intention to request entry of a divorce decree. In addition, a praecipe to transmit the record asks the court to finalize the case. Missing either form is a common cause of delay.

Property settlement agreements in Pennsylvania

Pennsylvania is an equitable distribution state. Marital property is divided fairly, which does not always mean equally. Meanwhile, property owned before marriage, and gifts and inheritances kept separate, generally stay with their owner.

Most agreed couples sign a marital settlement agreement, often called a property settlement agreement in Pennsylvania. It covers the house, accounts, vehicles, debts and any alimony. Our Marital Settlement Agreement service drafts it to Pennsylvania standards.

Retirement accounts

Pensions and 401(k)s earned during marriage are usually marital property. Therefore, they are often divided with a QDRO. Consequently, plan this step before the decree, not years later.

Children, custody and support in Pennsylvania

If you have children, the court must approve the parenting arrangement even when you agree. Pennsylvania distinguishes legal custody, meaning decision-making, from physical custody, meaning where the child lives. Custody claims can be included in the divorce or filed separately. Courts in every state focus on the child's best interests. Consequently, specific schedules are approved more readily than vague ones.

Our parenting plan service drafts the weekly schedule, holidays, school breaks and decision-making rules. In addition, it covers exchanges, communication and how future disagreements will be handled.

Child support follows the Pennsylvania guidelines, an income-shares model based on both parents' net incomes. Our child support calculation worksheet estimates the guideline amount before you sign. As a result, there are no surprises at the final step.

Mistakes that delay a Pennsylvania divorce

Several errors commonly slow Pennsylvania divorces. For example, spouses sometimes sign their affidavits of consent before the 90 days have passed. Those affidavits are invalid and must be signed again.

Another frequent problem is missing waivers or praecipe forms. Similarly, settlement agreements that do not address every asset can lead to questions. Therefore, a complete checklist is essential.

Finally, if a spouse wants to resume a prior name, Pennsylvania allows a simple notice after the decree. However, planning it early avoids confusion with banks and agencies.

Flat fee divorce pricing and courts in Pennsylvania

Our Uncontested Divorce Documents start at $149 for Pennsylvania. The standard package tailors every form to your facts and county. Meanwhile, the premium package adds attorney review and extra revisions.

Court filing fees are separate and paid to the clerk. If you cannot afford them, Pennsylvania courts allow you to apply to waive or reduce the fees based on income. Therefore, cost should not stop you from filing.

Each county runs its own Court of Common Pleas. For example, Philadelphia divorce matters are handled by the Family Court on Arch Street, and Allegheny County matters by its Family Division in Pittsburgh.

For a second opinion before you file, book an uncontested divorce consultation. If your spouse has already filed, our response to divorce petition service protects your position before the deadline. For the national picture, read our flat fee uncontested divorce guide.

A realistic Pennsylvania timeline

First, you agree the terms and gather financial records. Next, the complaint is filed and served. Then the 90-day waiting period begins.

During those 90 days, the settlement agreement is finalized and signed. After that, both spouses sign affidavits of consent and waivers. Finally, the praecipe is filed and the judge signs the decree. Consequently, many agreed Pennsylvania divorces finish in about four to six months.

After your Pennsylvania divorce: the final checklist

The decree is not quite the finish line. Several practical steps turn the agreement into reality. Therefore, make a checklist the day the judgment is signed.

Names, licenses and records

First, if you are restoring a former name, update your Social Security record before anything else. Then update your driver's license with the PennDOT, followed by banks, employers and passports. Pennsylvania allows a spouse to resume a prior name after the decree by filing a simple notice with the court, which makes the switch easier.

Property and accounts

Next, transfer the house if one spouse is keeping it. Usually, that means recording a new deed with the county Recorder of Deeds. In addition, the spouse keeping the home should refinance any joint mortgage by the deadline in the agreement. Meanwhile, close or separate joint bank accounts and credit cards, because creditors are not bound by your agreement.

Retirement, insurance and estate plans

After that, send any QDRO to the retirement plan administrator promptly. Delays can cost the receiving spouse money. Similarly, review health insurance: a spouse losing employer coverage may have continuation rights for a limited time. Finally, update beneficiary designations, your will and any powers of attorney. Otherwise, an ex-spouse could still inherit or make decisions for you.

Consequently, a short checklist after the decree prevents expensive problems later. If you need new estate documents, our Estate Plan Bundle covers a will, power of attorney and healthcare directive for Pennsylvania.

Our Uncontested Divorce services in Pennsylvania

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Pennsylvania. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Uncontested Divorce across Pennsylvania — cities we serve

We work with clients in every part of Pennsylvania, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Pennsylvania law and your county's local practice. Choose your city below to see local details and prices.

• Philadelphia: Uncontested Divorce Documents in Philadelphia · Uncontested divorce consultation in Philadelphia · Marital Settlement Agreement (MSA) in Philadelphia
• Pittsburgh: Uncontested Divorce Documents in Pittsburgh · Uncontested divorce consultation in Pittsburgh · Marital Settlement Agreement (MSA) in Pittsburgh
• Allentown: Uncontested Divorce Documents in Allentown · Uncontested divorce consultation in Allentown · Marital Settlement Agreement (MSA) in Allentown
• Erie: Uncontested Divorce Documents in Erie · Uncontested divorce consultation in Erie · Marital Settlement Agreement (MSA) in Erie
• Reading: Uncontested Divorce Documents in Reading · Uncontested divorce consultation in Reading · Marital Settlement Agreement (MSA) in Reading
• Scranton: Uncontested Divorce Documents in Scranton · Uncontested divorce consultation in Scranton · Marital Settlement Agreement (MSA) in Scranton
• Bethlehem: Uncontested Divorce Documents in Bethlehem · Uncontested divorce consultation in Bethlehem · Marital Settlement Agreement (MSA) in Bethlehem
• Lancaster: Uncontested Divorce Documents in Lancaster · Uncontested divorce consultation in Lancaster · Marital Settlement Agreement (MSA) in Lancaster
• Harrisburg: Uncontested Divorce Documents in Harrisburg · Uncontested divorce consultation in Harrisburg · Marital Settlement Agreement (MSA) in Harrisburg

More Pennsylvania services

Uncontested divorce consultation in Pennsylvania · Marital Settlement Agreement (MSA) in Pennsylvania · Parenting Plan / Custody Agreement in Pennsylvania · Child Support Calculation Worksheet in Pennsylvania · Qualified Domestic Relations Order (QDRO) in Pennsylvania · Response to Divorce Petition in Pennsylvania. See all legal services in Pennsylvania.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Uncontested Divorce Documents in New Jersey, Uncontested Divorce Documents in New York, Uncontested Divorce Documents in Ohio, Uncontested Divorce Documents in Maryland, Uncontested Divorce Documents in Delaware. See every location we cover.

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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.