How do I file for divorce in Delaware County, PA?

Last updated October 4, 2026.

You file a divorce complaint, with the other papers the state and local rules require, in person at the Office of Judicial Support in the Government Center at the Courthouse complex in Media. You can file in Delaware County if you or your spouse lives here, and at least one of you must have lived in Pennsylvania for six months (Pa.R.C.P. 1920.2; 23 Pa.C.S. 3104(b)). Your spouse must then be served, and every Delaware County divorce is assigned first to a hearing officer.

Our office is across the street from that complex; the other county offices in town are listed in cases in Media, PA. For the other family matters we handle, see our family law page. The kinds of divorce available are described on our divorce page.

Can I file my divorce in Delaware County?

Two separate rules apply. The first is state residency: no one can start a divorce in Pennsylvania unless at least one spouse has been a bona fide resident for at least six months immediately before filing (23 Pa.C.S. 3104(b)). The marriage itself can have taken place anywhere (3104(c)).

The second is the county, called venue. A divorce, other than a custody claim, may be brought only in the county where the plaintiff or the defendant lives, or in a county the spouses agree on in a signed writing attached to the complaint or by taking part in the case (Pa.R.C.P. 1920.2(a)). The record has to show that venue is proper before the decree is entered (1920.2(b)). Custody claims have their own venue rule, which generally points to the child's home county (Rule 1915.2(a)). The older venue section of the Divorce Code, 3104(e), has been suspended by court rule.

How do I file, step by step?

1. Choose the grounds. Most cases are no-fault: mutual consent after 90 days, or one year of separation if your spouse will not consent (23 Pa.C.S. 3301(c) and (d)); see what if your spouse will not consent. Our page on how long a divorce takes in Pennsylvania compares the timelines.
2. Prepare the complaint. It must name both spouses, state where each lives, say that one of you has lived in Pennsylvania for six months, give the date and place of marriage, state the grounds, disclose any earlier divorce case between you and, for no-fault grounds, say you were told counseling is available (Pa.R.C.P. 1920.12(a)). It begins with the Notice to Defend and Claim Rights (Rule 1920.71).
3. Decide which claims to add. Property division, alimony, alimony pendente lite, counsel fees and custody can be raised as separate counts in the same case (23 Pa.C.S. 3104(a)). The notice warns that claims for alimony, property division and lawyer's fees can be lost if they are not filed before the decree.
4. File in Media. The county's family court handbook says divorce and custody papers are filed in the Office of Judicial Support, Room 124, first floor of the Government Center, at the Courthouse complex.
5. Serve your spouse. Original process may be handed to your spouse by the sheriff or a competent adult, or mailed by both first-class mail and certified mail restricted to the addressee with a return receipt (Pa.R.C.P. 1930.4(a) and (b)). Service by mail is complete when the receipt bears your spouse's signature, or when delivery or refusal is shown and the first-class letter is not returned within 15 days.
6. File proof of service. No decree can be entered without it (Rule 1920.42).
7. Watch for notices. The case goes to a hearing officer, and notices of conferences are mailed several weeks ahead, according to the county handbook.

Which Delaware County office handles each part?

The county handbook gives these locations. Room numbers have differed between county documents, so check the notice or the county's site before you go.

For a tour of the whole complex, including where support and custody hearings are held, see what to expect in Delaware County family court.

What does filing cost, and what if I cannot pay?

The filing fee is set by the county's Office of Judicial Support fee schedule, and the office says it rises when the complaint includes additional counts, such as alimony or equitable distribution. The Office of Judicial Support says the filing fee begins at $291.25 and goes up when the complaint has additional counts; check the county's current fee schedule before you file.

If you cannot afford the filing fees, you can ask the court for permission to proceed in forma pauperis. The county handbook says the petition must include financial documentation and may be dismissed without it, and you may be scheduled for a hearing. If a judge grants the petition, you are not required to pay the filing fee for that filing; if it is denied, you must pay, or the filing will be dismissed. Pennsylvania's general rule on in forma pauperis applications is Pa.R.C.P. 240.

Other costs depend on the case, such as service, appraisals or experts in a property dispute, especially over whether an asset is marital or separate property. The biggest variable is usually whether the spouses settle the money issues; see how property is divided in a Pennsylvania divorce.

What happens after I file?

The county handbook says every divorce is first assigned to a hearing officer, who handles preliminary matters, then holds an equitable distribution hearing if property is in dispute. That hearing is informal and not recorded; the hearing officer's report becomes a final order unless a spouse asks for a new hearing before a judge within the time stated in the report.

If you need temporary support while the divorce is pending (see spousal support, APL and alimony), Delaware County Local Rule 1920.31(f) says an application for alimony pendente lite is filed with the Office of Judicial Support, which forwards it to Domestic Relations for a hearing. A party may demand a hearing before a judge within ten days after notice of the recommended order is mailed, and the demand does not stop the order from taking effect. Child support is filed separately at Domestic Relations; see how child support is calculated.

If children are involved, a custody count leads to a conference with a custody conciliator first, as explained in the steps in a Delaware County custody case.

What changes the answer?

• Where each spouse lives. If neither of you lives in Delaware County, it is the wrong county unless you both agree in writing or by taking part (Rule 1920.2(a)), and the court may transfer a case if neither spouse has lived here during it (1920.2(c)).
• Whether your spouse lives out of state. Service by certified and first-class mail is allowed in domestic relations cases (Rule 1930.4(b)), which helps when a spouse has moved away.
• Whether your spouse files a counterclaim. The defendant may seek a divorce and ancillary claims in a counterclaim or a later petition (Rule 1920.15).
• Whether you change your mind. A plaintiff can withdraw the complaint by praecipe only if no property or custody claim is pending, no counterclaim was filed and grounds are not established; otherwise a motion is needed (Rule 1920.17(a)).
• Whether a PFA is in place. Service rules are different in protection from abuse cases, and the court cannot order counseling over the objection of a spouse who has a PFA (23 Pa.C.S. 3302(g)). See how a PFA affects custody.
• Whether fault grounds are used. Fault grounds require proof at a hearing, which adds time and expense compared with consent.

For example: a spouse who moved to New Jersey

Here is a hypothetical. A woman in Drexel Hill separates from her husband, who moves to New Jersey. She has lived in Pennsylvania for years, so the six-month residency rule is met, and because she lives in Delaware County, she can file here even though he lives out of state.

She files a no-fault complaint at the Office of Judicial Support with counts for equitable distribution and alimony, then mails it to him by certified mail restricted to the addressee, with a return receipt, and by first-class mail. The green card comes back with his signature, and she files proof of service. Because he will not consent, she will file a 3301(d) affidavit once they have been separated for a year; meanwhile the hearing officer schedules a conference on the property claim. This example is only an illustration; the right steps depend on your facts.

What mistakes do people make when filing?

• Filing before the six-month residency is met. The court has no power to grant the divorce without it (3104(b)).
• Leaving out money claims. The notice to defend warns they can be lost if not filed before the decree.
• Skipping the formal service steps. Service must follow Rule 1930.4: in person by the sheriff or a competent adult, or by both certified mail (restricted to the addressee, with a return receipt) and first-class mail. A text or an email is not service.
• Assuming you will get a court-appointed lawyer. The county handbook notes there is no right to appointed counsel in a divorce, because it is a civil case.
• Asking for a continuance by phone or email. The county accepts only the paper continuance form.
• Using old online links. The self-help divorce page referenced in the county's March 2024 handbook no longer loads; use the handbook and the Office of Judicial Support's divorce page instead.

What should I do this week?

1. Confirm the six-month residency and where each spouse lives now.
2. Write down the date of marriage, place of marriage and the date you separated.
3. Decide which claims to include: property, alimony, alimony pendente lite, counsel fees, custody.
4. Gather recent statements for bank, retirement and loan accounts, and the last two tax returns.
5. Plan how your spouse will be served and keep every receipt and return card.
6. If fees are a problem, collect income proof for an in forma pauperis petition.
7. Schedule a consultation before you file, so the complaint includes everything you need; see what to bring to a divorce consultation.

Frequently asked questions

Can I file a Delaware County divorce online?

The county's divorce information says to appear in the Office of Judicial Support with the complaint and the papers that go with it. Ask the office about any current filing options before you go.

Who can see my divorce file?

The county says the divorce decree is available to anyone, but only the parties and their attorney of record may see the rest of the file, in person with photo identification.

Can I go back to my former name after the divorce?

Yes. The county says a form called a Notice of Election to Retake Maiden Name can be filed with the Office of Judicial Support once a divorce is filed, and certified copies are often needed for agencies such as PennDOT and the Social Security Administration.

What if my spouse does not answer the complaint?

The averments about the divorce are treated as denied unless admitted, but the averments in a 3301(d) affidavit are treated as admitted unless your spouse files a counter-affidavit (Rule 1920.14). If your spouse never appears, you must also file an affidavit about military service (Rule 1920.46).

Does it matter who files first?

The filer chooses the grounds and the timing of service, but the defendant can raise the same economic claims by counterclaim (Rule 1920.15). The decisions that matter more are which claims to include and when.

Where can I get help if I cannot afford a lawyer?

The county points people to the Delaware County Bar Association Lawyer Referral Service at Front and Lemon Streets in Media and to Legal Aid of Southeastern Pennsylvania. Our overview of criminal, DUI and family cases in Delaware County lists the other county offices.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation before you file. Evening and weekend appointments are available.