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Divorce Residency Requirements in Pennsylvania

In Pennsylvania, at least one spouse must have lived in the state for 6 months before filing, and no-fault divorce is available by mutual consent or after 1 year of living separate and apart.

Last checked . General information, not legal advice.

Pennsylvania at a glance

State residency
6 months
County residency
No county period; county set by venue rules
Venue depends on where the parties reside and on time since final separation (23 Pa.C.S. 3104(e)).
No-fault ground
Mutual consent, or 1 year apart (irretrievable breakdown)
Mutual consent requires 90 days after filing and consent affidavits from both spouses.

Sources

Last checked

The rules in Pennsylvania

How long must you live in Pennsylvania before filing for divorce?

State residency in Pennsylvania: 6 months.

Is there a county residency requirement for divorce in Pennsylvania?

County residency in Pennsylvania: No county period; county set by venue rules. Venue depends on where the parties reside and on time since final separation (23 Pa.C.S. 3104(e)).

What is the no-fault ground for divorce in Pennsylvania?

No-fault ground in Pennsylvania: Mutual consent, or 1 year apart (irretrievable breakdown). Mutual consent requires 90 days after filing and consent affidavits from both spouses.

Where do the Pennsylvania divorce residency requirements come from?

The rules above come from 23 Pa.C.S. 3104 and 23 Pa.C.S. 3301. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.