Uncontested Divorce in Pennsylvania

An uncontested divorce in Pennsylvania is a no-fault divorce by mutual consent under 23 Pa.C.S. § 3301(c). Both spouses agree the marriage is irretrievably broken, sign Affidavits of Consent after a 90-day waiting period, and the court enters the decree on the paperwork alone. In most cases, neither spouse ever appears in court.

Mutual consent is the fastest and least expensive way to end a marriage in Pennsylvania, but “uncontested” only holds if both the grounds and the financial issues are genuinely settled. The Law Offices of Michael Kuldiner, P.C. handles uncontested and contested divorces from offices in Feasterville, Doylestown, Norristown, and Philadelphia. Call (215) 942-2100 to get started.

What Counts as an Uncontested Divorce

Pennsylvania does not use the word “uncontested” in its Divorce Code. What people mean is a mutual consent divorce under 23 Pa.C.S. § 3301(c), where both spouses consent to the divorce itself and have also resolved the economic issues: who keeps the house, how debts are split, whether anyone pays alimony, and how retirement accounts are divided.

If any one of those questions is still in dispute, you have a contested case, even if both of you want the marriage to end. Getting the economics in writing before the decree is what separates a clean uncontested divorce from an expensive one.

Requirements and the 90-Day Clock

Residency: at least one spouse must have been a bona fide Pennsylvania resident for six months before filing (23 Pa.C.S. § 3104(b)).
Grounds: the complaint alleges the marriage is irretrievably broken. No fault needs to be proven by either side.
The 90-day wait: the clock starts when the divorce complaint is filed and served. Affidavits of Consent cannot be signed until at least 90 days have passed.
Filing deadline: under Pa.R.C.P. 1920.42, each Affidavit of Consent must be filed within 30 days of the date it was signed, or it goes stale and must be re-signed.
No separation required: spouses do not have to live apart during the 90 days. Many couples remain in the same home for financial reasons.

The Uncontested Divorce Process, Step by Step

File the complaint. The divorce complaint is filed with the prothonotary of the Court of Common Pleas in the appropriate county (in Philadelphia, with the Clerk of Family Court).
Serve your spouse. Service must generally be completed within 30 days of filing (90 days if your spouse lives outside Pennsylvania). A signed acceptance of service is the simplest route in a cooperative case.
Use the waiting period well. The 90 days is when a marital settlement agreement gets negotiated, drafted, and signed, covering property, debts, support, and insurance.
Sign and file Affidavits of Consent. On day 91 or later, each spouse signs an affidavit confirming consent to the divorce, and both are filed with the court.
File waivers of notice. Each spouse typically waives the required notice of intention to request the decree, which shortens the finish.
File the Praecipe to Transmit Record. This filing asks the court to review the file and enter the decree.
Receive the divorce decree. A judge reviews the paperwork and signs the decree, almost always without a hearing or court appearance.

Most mutual consent divorces finish in roughly four to six months from filing, depending on county processing times. See our guide on how long a divorce takes in Pennsylvania for a full timeline.

What an Uncontested Divorce Costs

Court filing fees vary by county and change periodically. As of early 2026, filing a divorce complaint costs about $333 in Philadelphia County, $398 in Bucks County, and $285 in Montgomery County. Always confirm the current fee with the county prothonotary, or the Clerk of Family Court in Philadelphia, before filing.

Beyond filing fees, a straightforward uncontested divorce handled by an attorney typically costs in the low four figures statewide, while cases that need a full settlement agreement or retirement orders usually run higher. Contested divorces commonly reach $15,000 to $30,000 or more once discovery, hearings, and experts enter the picture. That gap is the strongest financial argument for settling terms early. Our page on how much a divorce costs in PA breaks down the numbers in detail.

When an Uncontested Divorce Is Not the Right Choice

Mutual consent only works when the agreement is real and informed. It is usually the wrong path when:

You and your spouse disagree about the house, retirement accounts, debts, or support.
You suspect hidden assets or unreported income. Consent divorces skip formal discovery, so what you do not know stays hidden.
Custody or parenting time is disputed. Custody is a separate action in Pennsylvania, but a live custody fight rarely coexists with a genuinely amicable divorce.
One spouse is pressuring or intimidating the other into signing.
The marital estate includes a business, pensions, or other assets that need valuation before anyone can agree on a fair split.

In those situations, talk to a divorce lawyer before signing anything. An agreement signed blind can cost far more than a contested case would have.

The One-Year Separation Alternative Under § 3301(d)

If your spouse will not sign an Affidavit of Consent, you are not stuck. Under 23 Pa.C.S. § 3301(d), a court may grant the divorce after the spouses have lived separate and apart for at least one year and the marriage is irretrievably broken. The one-year period applies to separations that began on or after December 5, 2016 (Act 102 of 2016); older separations fall under the prior two-year rule.

“Separate and apart” means the marital relationship has ended, which can happen even under the same roof. The non-filing spouse receives a counter-affidavit and can contest the separation date, but cannot simply veto the divorce forever.

How a Lawyer Keeps a Simple Divorce From Going Wrong

The biggest trap in a do-it-yourself divorce is finality. Once the decree is entered, economic claims that were never raised are generally extinguished under 23 Pa.C.S. § 3503. You cannot come back next year for your share of the house or the 401(k).

Settlement agreements: a properly drafted agreement resolves property and debt division against the backdrop of Pennsylvania’s 13 equitable distribution factors (23 Pa.C.S. § 3502), so you know what you are giving up. See our property settlement practice page.
Retirement division: splitting a 401(k) or pension requires a qualified domestic relations order (QDRO). Without one, a transfer can trigger taxes and penalties, or a former spouse’s survivor benefits can vanish.
Support and alimony: waiving alimony should be a knowing choice measured against the 17 statutory factors in 23 Pa.C.S. § 3701. Our alimony and spousal support lawyers can tell you what a waiver is actually worth.
Clean paperwork: defective service, a stale affidavit, or a missed county-specific rule restarts the clock. Counsel keeps the 90-day track on schedule.

Speak With a Pennsylvania Uncontested Divorce Lawyer

Attorneys Michael Kuldiner and Michael Petro handle mutual consent and contested divorces across Bucks, Montgomery, and Philadelphia counties, with offices in Feasterville, Doylestown, Norristown, and Philadelphia. We prepare the complaint, the settlement agreement, and every affidavit, and we flag the issues that turn simple divorces into long ones. Call (215) 942-2100 or contact us online to schedule a consultation.

Frequently Asked Questions

How long does an uncontested divorce take in Pennsylvania?

The legal minimum is 90 days from filing and service of the complaint. With prompt paperwork, most mutual consent divorces finish in roughly four to six months, depending on how quickly the county processes the decree.

Do we both need our own lawyer?

One lawyer cannot represent both spouses in a divorce. Commonly, one attorney prepares the filings and the settlement agreement for one spouse, and the other spouse has independent counsel review it before signing.

Do I have to go to court for an uncontested divorce?

Usually not. A mutual consent divorce under § 3301(c) is decided on the filed documents. Judges sign the decree without a hearing in the vast majority of cases.

Do we have to live apart during the 90-day waiting period?

No. Section 3301(c) has no separation requirement. Spouses can share a home through the entire process, which many couples do for financial or child-related reasons.

What if my spouse refuses to sign the Affidavit of Consent?

You can proceed without consent under 23 Pa.C.S. § 3301(d) once you have lived separate and apart for one year. Your spouse can dispute the separation date but cannot block the divorce indefinitely.

Can we divide retirement accounts in an uncontested divorce?

Yes, but 401(k)s and pensions generally require a qualified domestic relations order (QDRO) in addition to the settlement agreement. Skipping the QDRO is one of the most expensive mistakes in do-it-yourself divorces.

What happens to property claims after the decree is entered?

Economic claims that were never raised are generally cut off by the decree under 23 Pa.C.S. § 3503. Property, alimony, and counsel fee claims must be preserved before the divorce is final.

How much are the court filing fees?

As of early 2026, roughly $285 to $400 depending on the county: about $333 in Philadelphia, $398 in Bucks, and $285 in Montgomery. Fees change, so confirm with the county prothonotary or, in Philadelphia, the Clerk of Family Court.

Attorney advertising. This page provides general information about Pennsylvania law and is not legal advice. Every situation is different. Consult a licensed Pennsylvania attorney about your specific circumstances.