Uncontested vs. Contested Divorce in Pennsylvania: Simplified Procedures and Mandatory Steps

By the FigureMyTax Editorial Team · How we calculate

In Pennsylvania an uncontested divorce uses mutual consent: 90 days from commencement and an affidavit from each spouse. A contested one can still end on one year apart, with a hearing if the defendant denies it, and the decree covers property, custody, support and alimony.

What is the same in an uncontested and a contested Pennsylvania divorce?

The six-month residence rule and the need for a ground (23 Pa.C.S. 3104(b); 3301). The Pennsylvania divorce timeline calculator gives the same earliest filing date for both.

Item	Agreed (uncontested)	Disputed (contested)
Residence	Six months, one spouse	Six months, one spouse
Track	Mutual consent, 90 days after commencement	One year apart, or a fault ground
Affidavits	Each spouse files an affidavit of consent	The plaintiff files an affidavit; the defendant may deny it
Counseling	Up to three sessions if either spouse asks	On a continuation after a denial
Decree	Includes property, custody, support and alimony if raised	Includes property, custody, support and alimony if raised

How does a mutual consent divorce work in Pennsylvania?

The court may grant a divorce where the marriage is irretrievably broken, 90 days have elapsed from commencement and each party has filed an affidavit evidencing consent; consent is presumed where a party has been convicted of a personal injury crime against the other (3301(c)).

Is counseling required in Pennsylvania?

On mutual consent the court requires up to three counseling sessions within the 90 days where either party requests it, and it notifies both parties at commencement of the availability of counseling (3302(b), (d)).

What if the defendant denies the one-year separation in Pennsylvania?

After notice and hearing the court decides whether the parties lived separate and apart for at least a year and the marriage is irretrievably broken; if there is a reasonable prospect of reconciliation it continues the matter 90 to 120 days with counseling, then decides if the marriage is irretrievably broken (3301(d)).

Do the parties still need a hearing in Pennsylvania?

If grounds are established under mutual consent or one year apart, the court grants the divorce without requiring a hearing on any other grounds (3301(e)). The court may appoint a master to hear testimony on issues other than custody and paternity (3321).

Can a spouse ask for a jury trial in Pennsylvania?

After service of the complaint, either party can ask the court to try disputed issues of fact by a jury, and the court decides whether to allow it (3301 and 3322).

Can the court protect a spouse during the case in Pennsylvania?

The court may award the right to reside in the marital residence during the action, impose a lien as security for alimony and direct that life and health insurance be maintained (3502(b)-(d)).

Do the spouses have to attend a hearing for mutual consent in Pennsylvania?

Not on the grounds: when mutual consent is established the court grants the divorce without requiring a hearing on other grounds, though property and custody issues raised in the pleadings still have to be resolved (3301(e); 3323(b)).

What does the decree include in Pennsylvania?

After a full hearing where raised, an order determining property rights, custody and visitation, child support, alimony, attorney fees and costs and related matters; with both parties’ consent the court may enter the divorce before those matters are finally decided (23 Pa.C.S. 3323(b), (c.1)). See the Pennsylvania property division calculator and the Pennsylvania parenting time calculator.

Frequently asked questions

How soon can a Pennsylvania mutual consent divorce be granted?

At least 90 days after commencement, with an affidavit of consent from each spouse.

Is counseling required in a Pennsylvania divorce?

Up to three sessions if either spouse asks on mutual consent.

Can a Pennsylvania divorce be granted without a hearing?

Yes on mutual consent or one year apart, as to the grounds.

What if my spouse denies we lived apart a year in Pennsylvania?

The court decides after notice and hearing.

Can Pennsylvania spouses divorce before settling property?

With both parties’ consent the court may enter the decree before property and other matters are finally decided.

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.