The Modern Practitioner’s Roadmap to Electronic Divorce Filing in the Commonwealth

Considering an online divorce in Pennsylvania? Good news: the court system now supports many digital steps, and simple, uncontested cases can move along smoothly—especially when both spouses agree on the basics. This guide walks you through who can file, the grounds for divorce, the step‑by‑step process, the costs, and when it makes sense to bring in a lawyer.

Quick take (TL;DR)

You (or your spouse) must live in PA for at least 6 months before filing. You file in a Court of Common Pleas where either of you lives.
Most online divorces use no‑fault grounds:
- Mutual consent: both sign after a 90‑day wait from service.
- Separation: you’ve lived apart for 1+ years, and the marriage is over.
Expect county filing fees around $350 (varies widely by county); fee waivers are available if you qualify.
Online works best when everything’s agreed (property, debts, kids, support). Complex or contested issues usually need an attorney.

Who can file (and where)?

Residency: At least one spouse must have lived in Pennsylvania for the 6 months before filing. (This is required—courts can’t waive it.)
Venue (which county): File in the county where you or your spouse lives. If your spouse lives outside of PA, you can file in your county.

Grounds for divorce (why the court can grant it)

Pennsylvania offers fault and no‑fault options. In practice, online filings are almost always no‑fault.

No‑fault, mutual consent: After your spouse is served, you both wait 90 days and then sign Affidavits of Consent. Fastest path when you both agree.
No‑fault, separation: If you’ve lived separate and apart for at least one year, either spouse can move the case forward by swearing the marriage is irretrievably broken.
Institutionalization: A divorce may be granted when a spouse has been confined to a mental institution for at least 18 months with no likely discharge in the next 18 months.
Fault‑based (less common online): desertion (1+ year), adultery, cruel treatment, bigamy, felony imprisonment (2+ years), or severe indignities.

Step‑by‑step: How the online process typically works

Prepare your forms
You’ll complete PA’s standard forms (for example: Complaint in Divorce, Notice to Defend, Verification, and a Vital Statistics form). If you use a document‑prep service, make sure your paperwork follows Pennsylvania Rules of Civil Procedure 1920.1 et seq.
File with the county Prothonotary.
That’s the county clerk for civil cases. Many counties accept e‑filing; requirements and formatting can vary by county. You’ll get a case number once filed.
Serve your spouse
Service must follow Rule 1930.4 (sheriff, competent adult, or certified mail in some circumstances). Your spouse’s response deadline depends on where they live:
- 30 days if in Pennsylvania
- 60 days if in another U.S. state
- 90 days if outside the U.S.
Wait out any required period.
- Mutual consent: count 90 days from the date of service before filing consent affidavits.
- Separation: confirm the one‑year separation before filing the irretrievable breakdown affidavit.
Resolve everything else (if needed)
If you need the court to divide property, set support, or decide custody, there are extra forms, disclosures, and (often) hearings or mediation. Uncontested cases can submit a settlement for the judge to review.
Get the final decree.
A judge reviews your file (jurisdiction, service, timelines, and any agreements). If everything checks out, the court enters your divorce decree.

What it costs

Filing fees: About $350 on average, but it truly depends on the county (examples in your draft: Philadelphia, Allegheny, Northampton)—and local add‑on fees can apply. Always check your county’s current fee schedule.
Fee waiver: If money is tight, you can apply to file In Forma Pauperis (IFP) and ask the court to waive fees.
Other potential costs: Service of process, mediation, paid document‑prep tools, and attorney consults for more challenging issues.

Property, money, and kids—what to know

Property & debts (Equitable Distribution): Pennsylvania divides marital property based on what’s fair, not necessarily 50/50. If you ask the court to divide things, both sides file inventories and disclosures on a schedule set by the rules and the judge.
Spousal support / APL / Alimony:
- Spousal support and APL (alimony pendente lite) can apply while the case is open.
- Alimony (after divorce) must be requested before the final decree, or it’s waived.
Child custody & support:
- Custody uses a best‑interests test with a list of factors.
- Child support is based on state guidelines (income‑shares model).

Property & debts (Equitable Distribution): Pennsylvania divides marital property based on what’s fair, not necessarily 50/50. If you ask the court to divide things, both sides file inventories and disclosures on a schedule set by the rules and the judge.
Spousal support / APL / Alimony:
- Spousal support and APL (alimony pendente lite) can apply while the case is open.
- Alimony (after divorce) must be requested before the final decree, or it’s waived.
Child custody & support:
- Custody uses a best‑interests test with a list of factors.
- Child support is based on state guidelines (income‑shares model).

Tip: Online is ideal when you agree on these topics. If not, talk to a lawyer early to avoid missteps that are hard to fix later.

When online divorce is (and isn’t) a good fit

Best fit:

You both agree on everything important
No complicated assets or debts
No dispute over custody or support
No one needs alimony (or you’ve decided on terms)
You’re comfortable using online tools

Consider hiring a lawyer:

High‑value or complex property (businesses, retirement accounts, real estate)
Disagreements about custody, support, or alimony
Domestic violence, safety concerns, or power imbalances
You’re unsure what you might be giving up by signing a settlement

Simple timeline examples

Mutual consent (no‑fault):

Day 0: File and serve the Complaint.
Day 90: Earliest date to file both spouses’ Affidavits of Consent.
After that: Submit any settlement paperwork and request the decree.

Separation (no‑fault):

What the court checks before granting the divorce

Residency and county are correct
Service of process was done properly
Any waiting periods are complete
Any property/support/custody issues are either resolved by agreement or properly before the court
Documents follow statewide and local rules (formatting matters!)

After the decree: don’t forget these housekeeping steps.

Update wills, beneficiaries, titles, and accounts
Follow any deadlines in your property or support orders
Keep certified copies of the final decree
Remember: custody, support, and (sometimes) alimony can be modified later if circumstances change; property division is generally final and enforced by the court if needed.

Common mistakes to avoid

Filing in the wrong county or before the 6‑month residency mark
Missing the 90‑day mutual‑consent wait or the 1‑year separation requirement
Forgetting to request alimony before the final decree (if you need it)
Not serving properly or not providing service
Assuming online services provide legal advice—they can’t.

How InstantOnlineDivorce.com can help (when online is a fit)

If your case is straightforward and agreed, a document‑prep platform can:

Ask plain‑English questions and generate PA‑specific forms.
Give county‑by‑county filing and service tips.
Keep costs predictable (your draft mentions $199 for complete document prep)
Offer live support for procedural (not legal) questions.
Keep forms up to date with Pennsylvania rules and updates.

Even with a DIY approach, a short consult with a family‑law attorney can be money well spent—especially to review a settlement before you sign. A hybrid approach (DIY forms + targeted legal advice) often gives you the best of both worlds.

Disclaimer (friendly but essential)

This guide is educational, not legal advice. Every situation is unique. If you have complex assets, disputes about custody or support, safety concerns, or you’re unsure about your rights, talk with a Pennsylvania family‑law attorney.