Divorce Residency Requirements in Pennsylvania: Who Can File and Where

By the FigureMyTax Editorial Team · How we calculate

Pennsylvania requires at least one spouse to have been a bona fide resident for six months immediately before the action starts. The court of common pleas decides property, support and custody with the divorce, and custody has a separate jurisdiction test.

What residence does a Pennsylvania divorce require?

No spouse is entitled to commence an action for divorce unless at least one of the parties has been a bona fide resident in the Commonwealth for at least six months immediately previous to the commencement of the action (23 Pa.C.S. 3104(b)). Only one spouse has to meet it. The Pennsylvania divorce timeline calculator adds six months to the date you enter.

How is residence proved in Pennsylvania?

Both parties are competent witnesses to prove their residence, and proof of actual residence within the Commonwealth for six months creates a presumption of domicile (3104(b)).

What does the court decide with the divorce in Pennsylvania?

In conjunction with a divorce decree it determines, if raised in the pleadings, property rights and interests between the spouses, spousal support, alimony, alimony pendente lite, counsel fees and costs, custody and visitation of the children, child support and any property settlement the parties submit (3104(a)).

Where do you file for divorce in Pennsylvania?

In the court of common pleas, which has original jurisdiction in divorce (3104(a)). The sections we read name no county rule, so ask the prothonotary of the county where you or your spouse lives about venue and the forms.

Does residence decide custody jurisdiction too in Pennsylvania?

No. The court decides custody on the child’s best interest (23 Pa.C.S. 5328) and needs its own jurisdiction over the child. See the Pennsylvania parenting time calculator and ask a licensed Pennsylvania attorney about the child’s home state.

Does the court keep jurisdiction after the decree in Pennsylvania?

Yes. The court may retain continuing jurisdiction over the matters it decides with the divorce (3104(a)).

Can a divorce decide rights under a prenuptial or separation agreement in Pennsylvania?

Yes. It determines property rights between the spouses, including rights created by any antenuptial, postnuptial or separation agreement, and may partition property held as tenants by the entireties (3104(a)(1)).

Can spouses submit a settlement in Pennsylvania?

Yes. The court also determines any property settlement involving property, custody and support that the parties submit (3104(a)(4)).

What proof of residence should I keep in Pennsylvania?

A lease or deed, a Pennsylvania driver license, voter registration and work and tax records that show when your Pennsylvania home began; actual residence for six months creates a presumption of domicile (3104(b)).

What if I am in the military in Pennsylvania?

The statute asks for a bona fide resident for six months, so ask a licensed Pennsylvania attorney how your duty station and home of record are treated before you file.

Does it matter where the marriage took place in Pennsylvania?

The residence rule in 3104(b) does not mention where the marriage took place, so the six months of residence is what the statute asks for.

How do the six months and the track fit together in Pennsylvania?

They are separate. For example, a spouse who has lived in Pennsylvania since March 1 completes six months on September 1 and can file that day; on mutual consent the divorce can then follow after 90 days from commencement, while the one-year track needs a year apart.

Frequently asked questions

How long must I live in Pennsylvania to file for divorce?

Six months for at least one spouse, immediately before the action starts.

Do both spouses have to live in Pennsylvania to divorce there?

No. One spouse meeting the six-month rule is enough.

Where do I file for divorce in Pennsylvania?

In the court of common pleas; ask the prothonotary about venue.

Does military service count for Pennsylvania residence?

The statute speaks of bona fide residence; ask a licensed Pennsylvania attorney how stationing is treated.

Does Pennsylvania residency decide custody jurisdiction?

No. Custody has its own jurisdiction rules and follows the child’s best interest.

Official sources

Going through a divorce or custody case in Pennsylvania?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Pennsylvania attorney

This is general information, not legal advice. It is based on the cited Pennsylvania statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Pennsylvania attorney.