Pennsylvania Divorce Records

Pennsylvania's divorce rates have remained relatively stable over the years, with recent data putting these rates at 2.2 divorces per 1,000 Pennsylvanians, slightly lower than the national average of 2.4 per 1,000.

Pennsylvania recognizes both fault and no-fault divorces. No-fault divorces may either be by mutual consent or unconsented and generally do not require the filing spouse to prove that their partner's actions led to the breakdown of the marriage. On the other hand, fault divorces require proof of misconduct on specific grounds, such as adultery, willful desertion, cruelty, and bigamy.

The cost of divorce in Pennsylvania averages about $11,202 per person - higher than the national average of $9,970. Note that actual fees vary depending on the complexity of the case and are influenced by certain factors, including attorney fees, process server fees, mediation costs, family therapy and/or parent class costs, and custody, support, and visitation disputes, if any.

Are Divorce Records Public in Pennsylvania?

Divorce records in Pennsylvania are generally considered public records under the state's Right-to-Know Law and may be accessed by any interested party in line with the stipulations of this law, as well as the Unified Judicial System of Pennsylvania's Public Records Polices.

It should be noted that certain sensitive information contained in divorce records, such as details involving children or domestic violence victims, social security numbers, and financial details, may be redacted or sealed. Access to these sealed divorce records is restricted to specific parties, including the individuals named in the record.

What Is Included in Pennsylvania Divorce Records?

Divorce records is a collective term used to refer to official documents that outline details of divorces granted in Pennsylvania. All Pennsylvania divorce records are locally generated and maintained by the Prothonotary's Office in the county where the divorce was granted. These records include:

• Divorce Decrees: this is the official record of the divorce and may be accessed by any interested member of the public. This document typically contains basic facts about the divorce, such as the names of the couple involved and the date and location of the divorce; however, some divorce decrees may also contain more extensive information.
• Divorce Files: this is a collection of all documents created and/or filed about a specific divorce case. This includes the divorce decree, as well as documents like the divorce complaint (the initial document filed to begin the divorce process, outlining the grounds for divorce) and the marital settlement agreement (the document outlining the terms of the divorce, including property division, child custody, and support). Except for the divorce decree, access to other documents contained in a divorce file is usually limited to the divorcing couple and their respective attorneys.

How Do I Find Pennsylvania Divorce Records?

Pennsylvania divorce records are maintained by the Prothonotary's Office in the county where the divorce was granted, and certified copies of these records may be obtained through this office. Certified copies of Pennsylvania divorce records are typically used for several purposes, such as:

• Confirming that a divorce has been legally finalized
• Processing name changes
• Applying for a marriage license
• Modifying child custody, support, and alimony orders
• Updating personal records for social security and other benefits
• Applying for government or insurance claims
• Updating financial and legal documents

Look Up Pennsylvania Divorce Certificate

Pennsylvania does not offer state-issued divorce certificates; however, the terms "divorce certificate" and "divorce decree" are often interchangeably used when referring to divorce records in the state. These records are maintained at the county level at the Courts of Common Pleas.

Look Up Pennsylvania Divorce Decree

Copies of Pennsylvania divorce decrees are maintained by the Prothonotary of the Court of Common Pleas in the county where the divorce was granted and may be obtained by submitting a record request to the appropriate Prothonotary's Office.

Depending on the office, the request may be submitted in person, by mail, online, or any other available option. You will typically need to provide the case or docket number assigned to the divorce case. However, if you don't have this information, you may provide the names of the individuals listed on the record (the divorcing couple) and an estimated year of the divorce. Be aware that you will be charged a fee to obtain copies of these records. This fee varies by county but generally ranges from $5 to $50 per copy.

Look Up Pennsylvania Divorce Court Records

Pennsylvania divorce court records, which include divorce decrees, as well as divorce complaints, witness depositions, petitions, and marital settlement agreements, may be accessed through the Prothonotary's Office in the county where the divorce was granted. Copy fees may apply.

It should be noted that, except for the divorce decree, members of the public cannot typically access documents contained in a divorce case file. These records are usually only accessible to the couple to whom the documents pertain, and their attorneys.

Can You Seal Divorce Records in Pennsylvania?

Pennsylvania allows for the sealing of divorce records if there is a compelling reason for doing so, such as protecting privacy, ensuring safety, or safeguarding sensitive financial information.

To initiate this process, you will need to file a petition with the Court of Common Pleas where the divorce was granted. This petition must outline the reasons for sealing the records and include supporting documentation. Once the petition is filed, the court will typically schedule a court hearing, where a judge will review the petition and may hear arguments from involved parties. Petitions to seal divorce records are usually granted if the court determines that the benefits of sealing the record outweigh the public's right to access the record(s) in question.

How Long Does a Divorce Take in Pennsylvania?

The timeline for a divorce in Pennsylvania is largely dependent on whether it is contested or uncontested. Per state requirements, there is a 90-day waiting period after divorce papers are served before the court may grant the divorce. Uncontested divorces are usually finalized shortly after these 90 days, while contested divorces may take several months to one year, or more.

Does Pennsylvania Require Separation Before Divorce?

Pennsylvania law stipulates that a couple must have lived separate and apart for at least one year before one party may file for divorce on the grounds of the marriage being irretrievably broken (no-fault, unconsented divorce). However, divorces based on other grounds do not require any formal separation period.

How Are Assets Split in a Pennsylvania Divorce?

Pennsylvania follows the equitable distribution model when splitting marital property in a divorce. This means that any assets and liabilities a couple acquires during their marriage is divided, distributed, or assigned between them fairly, but not necessarily equally.

Title 23, Chapter 35 of the Pennsylvania Consolidated Statutes outlines factors that should be considered when dividing marital property between divorcing couples in the state. These include:

• The duration of the marriage
• Any previous marriages by either spouse
• The age, health, income, skills, and needs of both parties
• Each spouse's contributions toward the other's education or earning capacity
• The standard of living during the marriage
• Each spouse's financial situation at the time of the divorce
• The future financial prospects of each spouse
• Each spouse's sources of income and benefits
• Each spouse's contributions toward acquiring or maintaining their marital property
• Custody arrangements for dependent children

It is worth noting that Pennsylvania law explicitly excludes marital misconduct as a factor when deciding on property division.

Who Gets Custody of a Child in Divorce in Pennsylvania?

In Pennsylvania, child custody decisions are generally based on the best interests of the child, with no automatic preference for either parent. Historically, there has been a societal bias favoring mothers as primary caregivers, which, in turn, influenced custody decisions. However, current child custody laws stipulate that no presumptions should be given to a particular parent when determining custody and that determinations should be gender-neutral. Despite this legal equality, fathers still face challenges - on average, a divorcing father in Pennsylvania receives about 28% of custody time, lower than the national average of 35%.

Courts typically consider several relevant factors when determining the best interests of the child before awarding custody. These include history of abuse, the child's need for consistency, relationships with siblings and extended family, the child's preference (if they are mature enough), the ability to meet the child's physical, emotional, and educational needs, as well as any substance abuse or health issues.

While custody in Pennsylvania is usually awarded between parents, grandparents (and other relatives in certain cases) may also sue for, and get custody. The state legally recognizes two main types of custody:

• Legal Custody: This gives the awarded party the right to make major decisions on behalf of the child, including medical, religious, and educational decisions. There are two types of legal custody -
• Sole legal custody: The awarded party has the exclusive right to make major decisions for the child.
• Shared legal custody: All awarded parties must confer before making any major decisions for the child.
• Physical Custody: This gives the awarded party the right to have the child stay or live with them. there are five types of physical custody -
• Primary physical custody: The child spends most of their time with the awarded party. Typically, when one party is awarded primary physical custody, the others get partial or supervised physical custody.
• Shared physical custody: The child spends approximately the same amount of time with each awarded party.
• Partial physical custody: Here, the child spends less than half the time with the party who is awarded partial physical custody.
• Supervised physical custody: Here, a court-designated supervisor is required to be present and monitor all visits between the child and the awarded party.
• Sole physical custody: Here, only one party is awarded physical custody of the child. This type of physical custody is rare in Pennsylvania.