Uncontested Divorce in Pennsylvania

You and your spouse have decided to part ways. You want this to be as painless, fast, and affordable as possible — and the good news is that Pennsylvania's legal system gives you a genuine path to do exactly that. If you both agree the marriage is over and can work through the key terms together, an uncontested divorce may be the right fit. This guide walks you through every step, from confirming eligibility to filing the final paperwork, without needing to pay a traditional divorce attorney.

What is an uncontested divorce in Pennsylvania?

An uncontested divorce is one where both spouses can reach agreement on the major issues of their divorce without a judge deciding for them. That means property division, potential spousal support, and, if you have children, custody and child support arrangements.

At its core, an uncontested divorce is about mutual agreement. You and your spouse are taking the wheel instead of handing it to the court system. That cooperative mindset tends to make the entire process faster, cheaper, and significantly less stressful than a contested case. It can also leave both of you in a better position to co-parent effectively, if children are involved.

Pennsylvania gives you two routes for a no-fault, uncontested divorce. The first is mutual consent, where both spouses actively agree to the divorce and file consent forms after 90 days. The second is based on one year of living separate and apart, which applies when one spouse is not cooperating but the separation period has been met. This guide focuses on the mutual consent route since it's the faster and more collaborative of the two.

It is also worth noting that you do not need to have everything resolved before starting your case. You and your spouse can begin the process while still working through the remaining terms. Divorce mediation in Pennsylvania can help you get there if negotiations feel stuck.

Mutual consent: the fastest path to a no-fault divorce

Pennsylvania law allows a court to grant a no-fault divorce when both spouses agree the marriage is irretrievably broken and each files a sworn Affidavit of Consent after 90 days have passed from the date the Divorce Complaint was served. This is often called a "mutual consent divorce" and it is the cleanest, most efficient path available in the state.

The 90-day period starts when your spouse is formally served with the Divorce Complaint, not when you file it. Once that window closes, both of you sign and file a Waiver of Notice and Affidavit of Consent. Those documents must be filed within 30 days of being signed. After that, either spouse files a Praecipe to Transmit Record, which asks the court to issue the final divorce decree. Under Pennsylvania consolidated statutes Title 23, Section 3301(c), the court can grant the divorce without requiring a hearing once mutual consent has been established.

One important nuance: if your spouse has been convicted of committing a personal injury crime against you, their consent to the divorce is presumed by law even without them signing the consent form. For most couples in a cooperative split, however, both signatures are required to move forward under the mutual consent route.

Do you qualify? Eligibility requirements

Before you file a single form, make sure the basics are in place. Here is what Pennsylvania requires for an uncontested mutual consent divorce:

• Six-month residency. At least one spouse must have lived in Pennsylvania for a minimum of six months before filing. This is what gives the Pennsylvania court jurisdiction over your case. If neither spouse meets this requirement yet, you may need to wait or consider filing in a different state.
• Mutual agreement that the marriage is irretrievably broken. Both spouses must be willing to sign a sworn statement (Affidavit of Consent) confirming this. Neither has to prove wrongdoing by the other.
• No military service complications. If your spouse is on active military duty, the Servicemembers Civil Relief Act (SCRA) may affect how and when you can serve them and proceed. These cases require extra care and often benefit from legal guidance.
• Awareness of what the simple forms cover and do not cover. The standard mutual consent forms used in most counties are designed for couples who are not claiming alimony, equitable distribution of property, or attorney fees as part of the divorce itself. If you want the court to divide marital property or award support through the divorce proceeding, you will need additional forms or a more detailed settlement agreement. See the section on costs and complexity below.
• No separation waiting period required. Pennsylvania does not require you to live apart before filing for a mutual consent divorce. The only mandatory wait is the 90-day period after the complaint is served, which begins automatically once your spouse receives the paperwork.

If you have significant shared property, a pension or retirement account, children, or questions about spousal support, it is worth taking the time to document everything in a Pennsylvania marital settlement agreement before your divorce is finalized. Failing to address these issues before the decree is entered can mean waiving your rights to them permanently.

How to file for uncontested divorce in Pennsylvania: step by step

The process follows a predictable sequence. Here is what each step looks like from start to finish:

• Step 1. Prepare your forms. You will need a Notice to Defend and Claim Rights plus a Divorce Complaint. Most Pennsylvania counties provide self-help versions of these forms on their court websites, and requirements vary by county, so check your local Prothonotary's office first. Make at least three copies of your completed packet. If you cannot afford the filing fees, you can request a fee waiver through a Petition to Proceed In Forma Pauperis.
• Step 2. File with the Prothonotary. Take your completed packet to the Prothonotary's office in the county where you or your spouse resides. Pay the filing fee (amounts vary by county). Your packet will be time-stamped, and you will receive a case docket number. Many counties now allow e-filing, but confirm this option with your local court.
• Step 3. Serve your spouse. A copy of the Divorce Complaint must be formally served on your spouse. You can do this by certified mail with restricted delivery, through a sheriff or process server, or by another method allowed under Pennsylvania Rule 1930.4. Even in a fully cooperative divorce, this step is legally required. Keep all proof of service because you will need it. You must serve your spouse within 30 days if they live in Pennsylvania, or within 90 days if they live out of state. The 90-day waiting period begins the day service is completed.
• Step 4. File proof of service. Once your spouse has been served, file your Affidavit of Service (or the green return receipt card from certified mail) with the Prothonotary. This establishes the official start date for the 90-day period.
• Step 5. Negotiate and finalize your settlement agreement (if applicable). While the 90 days run, you and your spouse should work through any remaining issues: how to divide marital property, whether spousal support is needed, and how custody and child support will be structured. A signed marital settlement agreement is a binding contract. If you need help reaching agreement on any of these issues, a Pennsylvania divorce mediator can guide both of you to workable terms without the cost of competing attorneys.
• Step 6. Sign and file Waivers of Notice and Affidavits of Consent. After 90 days have passed from the date of service, both spouses sign their respective Waiver of Notice of Intention to Request Entry of Divorce Decree and Affidavit of Consent. These affirm that each of you consents to the divorce. Each signed affidavit must be filed within 30 days of being signed, so do not let them sit on a desk.
• Step 7. File the Praecipe to Transmit Record. Either spouse files this short form, which signals to the court that all required documents are in place and the case is ready for a final decree. The court reviews the file and, if everything checks out, issues the Divorce Decree. No hearing is required for a mutual consent case.

From start to finish, a mutual consent divorce in Pennsylvania typically takes about three to four months when both spouses cooperate and paperwork is filed promptly. That 90-day minimum waiting period accounts for most of the timeline.

If you prefer not to manage the forms and filing coordination yourself, Hello Divorce's Pennsylvania plan provides a Forms Specialist who prepares, reviews, serves, and files everything with the court on your behalf. Get started with your Pennsylvania divorce and let us handle the paperwork.

How much does an uncontested divorce cost in Pennsylvania?

The cost of a Pennsylvania uncontested divorce depends heavily on two things: your county's filing fee and whether you handle the process yourself or get professional help.

Pennsylvania divorce filing fees range from $135 to $388 depending on your county, as each county's Prothonotary office sets its own schedule. According to current 2026 data, Philadelphia County charges approximately $333.73, Allegheny County (Pittsburgh) charges around $210, and Bucks County is among the highest at $388. Always verify the exact fee with your local Prothonotary at pacourts.us before filing, since fees are updated periodically.

If you hire a traditional divorce attorney for an uncontested case, expect to pay between $1,000 and $3,000 in attorney fees on top of court costs. Pennsylvania divorce attorneys charge an average of roughly $350 per hour. A fully DIY approach keeps costs to the filing fee alone, but errors in paperwork can cause delays or, in some cases, require you to refile. A hybrid approach, using a service like Hello Divorce that provides expert guidance and form preparation at flat rates, keeps costs low without leaving you to navigate the process alone.

If you cannot afford the court filing fee, Pennsylvania allows you to apply for a fee waiver using the Petition to Proceed In Forma Pauperis. You may qualify if your household income is at or below 125% of the federal poverty guidelines.

Getting divorced in Pennsylvania?

Hello Divorce guides you through every step of the Pennsylvania mutual consent process, from preparing and filing your forms to handling service and court submission. No hourly attorney fees. No confusion about what to do next.