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Divorce Waiting Period in Pennsylvania

In Pennsylvania, a mutual consent divorce can be granted once 90 days have passed after the case starts, while a divorce without consent requires 1 year of living separate and apart.

Last checked . General information, not legal advice.

Pennsylvania at a glance

Waiting period
90 days after filing (mutual consent)
Counted from commencement of the action, with consent affidavits from both spouses.
Separation required
No with mutual consent, 1 year without
The one-year separation applies to the irretrievable breakdown ground when one spouse does not consent.

Sources

Last checked

The rules in Pennsylvania

How long is the waiting period before a divorce can be finalized in Pennsylvania?

Waiting period in Pennsylvania: 90 days after filing (mutual consent). Counted from commencement of the action, with consent affidavits from both spouses.

Do spouses have to live apart before a no-fault divorce in Pennsylvania?

Separation required in Pennsylvania: No with mutual consent, 1 year without. The one-year separation applies to the irretrievable breakdown ground when one spouse does not consent.

Where do the Pennsylvania divorce waiting periods come from?

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

Good to know

The one-year separation period applies to periods of living separate and apart that began after December 5, 2016.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

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