Reviewed August 2026
Uncontested Divorce Checklist in Pennsylvania
A Pennsylvania divorce is uncontested when both spouses agree the marriage should end and consent to finalize it under the state's mutual consent ground. Pennsylvania runs two separate no-fault tracks. Mixing them up is the most common mistake. The mutual consent track lets agreeing spouses divorce 90 days after the complaint is filed. The other no-fault track requires a full year of separation and does not need the other spouse's consent at all. Pennsylvania has no distinct summary or simplified divorce statute beyond these two no-fault grounds. Divorce is administered county by county through the Courts of Common Pleas, not through one statewide system. The filing fee and the specific local paperwork both vary depending on which county's Prothonotary handles the case.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Pennsylvania law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Pennsylvania paperwork. See how Virdix works for California divorces.
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What makes a Pennsylvania divorce uncontested
A case is uncontested when both spouses agree to end the marriage under 23 Pa.C.S. Section 3301(c), Pennsylvania's mutual consent ground. They also need to resolve property, debt, and any custody and support issues, typically in a written agreement. At least one spouse must have been a bona fide Pennsylvania resident for six months immediately before filing. Proving actual residence for that period creates a legal presumption of domicile. Consent is also presumed under the statute if one spouse was convicted of a personal-injury crime against the other. That functions as a built-in exception to needing an actual signed consent.
Two no-fault tracks, not a separate summary statute
Pennsylvania does not offer a distinct summary dissolution law with its own eligibility caps. Instead, it runs two no-fault tracks side by side. Under Section 3301(c), spouses who both consent can finalize the divorce once 90 days have passed since the complaint was filed. Each spouse files an affidavit of consent. Under Section 3301(d), a spouse can obtain a divorce without the other's consent. This applies once the couple has lived separate and apart for at least one year and the marriage is irretrievably broken. An uncontested filer almost always wants the 90-day mutual consent track. It is faster and does not require proving a full year of separation.
Document checklist
Pennsylvania divorce starts with a Complaint in Divorce, filed with the Prothonotary of the county Court of Common Pleas where either spouse resides. There is no single statewide numbered petition form. Self-help forms are organized by category and county rather than centrally, similar to how the underlying process is administered locally. For the mutual consent track, both spouses file affidavits of consent once the 90-day period has run. A Petition to Proceed In Forma Pauperis, filed under Pa.R.C.P. 240, is available statewide for filers who cannot afford the county's filing fee. Confirm the specific fee amount and any related local forms with the filing county's Prothonotary.
Is a hearing required
For the 90-day mutual consent track, a live hearing is generally not required once both spouses have filed their consent affidavits and any required financial disclosures. The court reviews the filed record and enters the divorce decree once it confirms the statutory requirements are met. This reflects general Pennsylvania practice rather than a specific hearing-waiver provision confirmed directly in the statute. Confirm the current procedure with the Prothonotary or Court of Common Pleas where the case was filed, and ask whether any local county rule requires an appearance.
Sources: 23 Pa.C.S. Section 3301, Grounds for divorce (mutual consent and one-year separation), Unified Judicial System of Pennsylvania, statewide court forms
Not independently confirmed
- Current statewide filing fee ranges by county; no live primary-source fee schedule with dollar figures was located this pass
- Whether a live hearing or personal appearance is required by local rule in any specific county for the 90-day mutual consent track
Uncontested Divorce Checklist in Pennsylvania: frequently asked questions
What qualifies a Pennsylvania divorce as uncontested?+
Both spouses consent to end the marriage under the mutual consent ground and have resolved property, debt, and any custody and support issues. At least one spouse must have been a bona fide Pennsylvania resident for six months before filing the complaint.
What is Pennsylvania's 90-day divorce track?+
It is the mutual consent ground under 23 Pa.C.S. Section 3301(c). After 90 days have passed since the complaint was filed, both spouses can finalize the divorce by each filing an affidavit of consent. Neither needs to prove a year of separation the way the other no-fault ground requires.
Do we have to attend a hearing for the 90-day track?+
Generally not, once both spouses have filed their consent affidavits and any required financial disclosures are complete. The court reviews the filed record and enters the decree. Confirm current local practice with the Prothonotary or Court of Common Pleas in the county where you filed.
How much does an uncontested Pennsylvania divorce cost?+
There is no single statewide filing fee. Pennsylvania divorce is filed and administered county by county through the Courts of Common Pleas. Each of the 67 counties sets its own fee schedule, so the total varies. Confirm the current fee with the Prothonotary of the filing county.
What if my spouse won't consent to the divorce?+
You can still obtain a no-fault divorce under 23 Pa.C.S. Section 3301(d). This applies once you have lived separate and apart for at least one year and the marriage is irretrievably broken. This track does not require the other spouse's consent, unlike the 90-day mutual consent ground.
What form do I file to start a Pennsylvania divorce?+
A Complaint in Divorce, filed with the Prothonotary of the Court of Common Pleas in the county where either spouse resides. Pennsylvania does not use one statewide numbered petition form. Self-help materials are organized by category and county instead.
This page is general information about uncontested divorce checklist in Pennsylvania, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Pennsylvania's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Pennsylvania. Virdix does not prepare or file Pennsylvania divorce paperwork. It is not a substitute for an attorney licensed in Pennsylvania.
More Pennsylvania divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Pennsylvania, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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