How long does a divorce take in Pennsylvania?

Last updated October 4, 2026.

The fastest Pennsylvania divorce is a mutual consent divorce: both spouses can sign consent affidavits once 90 days have passed after the complaint is served, and the decree can follow within weeks if nothing else is in dispute (23 Pa.C.S. 3301(c); Pa.R.C.P. 1920.42(a)). If one spouse will not consent, the law requires at least one year of living separate and apart (3301(d)). What usually takes longest is not the divorce itself but dividing property, alimony and other money claims, which must be resolved before the decree in most cases.

At least one spouse must have lived in Pennsylvania for six months before the case is filed (23 Pa.C.S. 3104(b)). For an overview of the family cases we handle from our office across from the Delaware County Courthouse, see our family law page.

How does a Pennsylvania divorce move, step by step?

Every no-fault divorce follows the same basic path set by the statewide rules. The clock that matters most starts when the other spouse is served, not when you first talk about separating.

1. Complaint filed. The complaint states the grounds, the date and place of marriage and that one of you has lived in Pennsylvania for six months (Pa.R.C.P. 1920.12). In Delaware County it is filed in person at the Office of Judicial Support in the Government Center in Media.
2. Service. The other spouse must be served, and proof of service must be filed before any decree (Rule 1920.42(a)(1)(i)). The complaint opens with a notice warning that claims for alimony, property division and lawyer's fees can be lost if they are not raised before the decree (Rule 1920.71).
3. Waiting period or separation period. For consent, 90 days after service. Without consent, one year of living separate and apart.
4. Affidavits. Each spouse signs an Affidavit of Consent at least 90 days after service and files it within 30 days of signing; or one spouse files a 3301(d) affidavit, and the other has a chance to deny it with a counter-affidavit (Rule 1920.42(a) and (c)).
5. Money claims. Property division, alimony and counsel fees must be settled, decided or withdrawn before the decree, unless the court allows the decree first (Rule 1920.42; 23 Pa.C.S. 3323(c.1)).
6. Notice and praecipe. Unless both spouses sign waivers, the spouse asking for the decree serves a Notice of Intention and waits at least 20 days before filing the Praecipe to Transmit Record, which sends the file to the judge.
7. Decree. The judge signs the divorce decree.

If you are just starting, our page on how to file for divorce in Delaware County covers the papers and the office.

What is the minimum time for each kind of divorce?

These are minimums. They assume the other spouse is served promptly, the affidavits are signed on time and nobody raises a money claim that is still open.

What usually takes the longest?

The economic claims. If either spouse asks the court to divide marital property, the court must do so before the decree in an ordinary case (23 Pa.C.S. 3323(b)), and each step of that process has its own clock under the statewide rules:

• Each spouse files an inventory of assets and debts as of the date of separation; the other side has 20 days after being served with the first inventory to file one (Pa.R.C.P. 1920.33(a)(1)).
• No one can ask for a hearing officer on property until at least 30 days after filing their own inventory (Rule 1920.33(a)(2)).
• Pre-trial statements with values, experts and exhibits are due at least 60 days before the property hearing unless the court sets another date (Rule 1920.33(b)).

Delaware County then adds its own layer. The county's family court handbook says every divorce is first assigned to a hearing officer for preliminary matters, notices of conferences are mailed several weeks ahead, and the equitable distribution hearing comes only after those matters are addressed. The hearing officer writes a report, and a spouse who disagrees can ask for a new hearing before a judge within the time stated in the report. Under the statewide rule for hearings without a recorded transcript, that demand is due within 20 days of the report being mailed or received (Pa.R.C.P. 1920.55-3(c)). Our page on what to expect in Delaware County family court walks through each office in the Courthouse complex.

How the court divides assets, and what it looks at, is covered in how property is divided in a Pennsylvania divorce.

Can I be divorced before the property issues are finished?

Sometimes. This is called bifurcation. With both spouses' consent, the court may enter the decree first if doing so gives enough economic protection to any minor children (23 Pa.C.S. 3323(c.1)). Without consent, the spouse asking must show grounds are established, that compelling circumstances exist, and that sufficient economic protections are in place for the other spouse and the children while the money issues are decided. Courts treat this as the exception.

A related protection: if a spouse dies after grounds are established but before the decree, the economic claims are still decided under the Divorce Code rather than the estate rules (3323(d.1)). Grounds are established, for example, once both consent affidavits are filed or once a 3301(d) affidavit is filed without a counter-affidavit (3323(g)).

What changes the answer?

• Whether your spouse will sign. Consent turns a one-year minimum into a 90-day minimum (3301(c) and (d)); the no-consent route is explained in what if your spouse will not consent. An affidavit of consent can be withdrawn only by court order once filed (Rule 1920.42(a)(1)(ii)).
• When you separated. "Separate and apart" means cessation of cohabitation, even under the same roof, and once a complaint is filed and served, separation is presumed to have started no later than the date of service (23 Pa.C.S. 3103). A disputed date can add a hearing; see why the date of separation matters.
• Whether money claims are raised. Claims for property division, alimony and fees must be resolved, withdrawn or reserved by bifurcation before the decree (Rule 1920.42(a)(1)(iii)).
• Counseling requests. In a consent case, either spouse can ask for up to three counseling sessions within the 90 days; in a contested 3301(d) case with a continuance, counseling can be required where there is a child under 16 (23 Pa.C.S. 3302(b) and (c)). A party with a PFA order against the other spouse cannot be forced into counseling (3302(g)).
• Whether the other spouse appears. If the defendant never appears, the plaintiff must file an affidavit about military service, and a decree cannot be entered against a servicemember without appointed counsel (Rule 1920.46).
• Custody and support. These can run on separate tracks with their own timelines; see the steps in a Delaware County custody case.

For example: two timelines for the same couple

Here is a hypothetical. A couple in Springfield separate on March 1, and one spouse files a no-fault complaint in Media on April 15, which is served on April 20.

In the first version, both agree on everything. Each signs an Affidavit of Consent on or after July 19, 90 days after service, and they file them within 30 days. They sign waivers of the notice of intention, sign a written settlement covering the house and retirement accounts, and file the praecipe. The decree could be signed in late summer.

In the second version, one spouse refuses to sign and asks for half of a pension and alimony. The other must wait until the parties have been separated a full year, March 1 of the next year, to file a 3301(d) affidavit. Meanwhile the inventories are exchanged, the hearing officer holds conferences, and a property hearing is scheduled. If either spouse demands a new hearing before a judge after the report, the case continues into a trial. The divorce itself is ready at the one-year mark; the money issues decide when it actually ends. This example only illustrates the rules; real timelines depend on the court's calendar and the facts.

What mistakes make a divorce take longer?

• Signing the consent affidavit too early. It must be signed 90 days or more after service, and filed within 30 days of signing (Rule 1920.42(a)(1)(ii)).
• Not filing proof of service. No decree can be entered without it.
• Leaving the inventory for later. The 30-day wait before asking for a hearing officer runs from your own inventory (Rule 1920.33(a)(2)).
• Waiting to raise claims. Claims not raised before the decree can be lost (Rule 1920.71 notice).
• Missing the window to ask for a judge. In Delaware County, the deadline is the one printed in the hearing officer's report.
• Arguing about the separation date without records. Leases, utility bills and texts showing when cohabitation ended save a hearing.

What should I do this week?

1. Write down the date you stopped living together as spouses and gather proof of it.
2. Confirm that you or your spouse has lived in Pennsylvania for at least six months.
3. Decide whether you will ask for property division, alimony or counsel fees, since they must be raised before the decree.
4. Start a list of assets and debts as of the separation date, with statements, noting which you believe are separate rather than marital property.
5. Calendar 90 days from service if your spouse is likely to consent.
6. Book a consultation to decide on grounds and whether to try for a written settlement, and bring the papers listed in what to bring to a divorce consultation.

Frequently asked questions

Is there a waiting period before I can file?

Not for filing itself, as long as the six-month residency rule is met (3104(b)). The 90-day and one-year periods control when the decree can be entered, not when the complaint can be filed.

Does the 90 days start when I file or when my spouse is served?

The statute counts 90 days from the date the action began (3301(c)), but the statewide rule requires the consent affidavits to be signed 90 days or more after service of the complaint (Rule 1920.42(a)(1)(ii)), so in practice the date of service controls.

Can my spouse stop the divorce by refusing to sign?

No. Refusing consent only changes the route: after one year of separation, a 3301(d) affidavit lets the court grant the divorce over a denial if it finds the marriage irretrievably broken after a hearing.

Do custody and child support have to be finished before the divorce?

Custody and support can be decided in their own proceedings, which in Delaware County go to a custody conciliator and to Domestic Relations. The decree resolves the claims raised in the divorce pleadings (3323(b)). See how child support is calculated.

Does a PFA order change the timeline?

It does not shorten the waiting periods, but a spouse with a PFA order cannot be required to attend counseling over objection (3302(g)). How a protection order affects parenting time is explained in how a PFA affects custody.

Are same-sex divorces on the same timeline?

Yes. The grounds and waiting periods in 3301 apply to every marriage; our page on same-sex divorce in Pennsylvania covers issues specific to those cases.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about your divorce timeline. Evening and weekend appointments are available.