Pennsylvania Divorce Residency Requirements

To file for divorce in Pennsylvania, at least one spouse must have lived in the Commonwealth continuously for six months immediately before filing the complaint. That is the only statewide threshold — there is no separate county-level durational requirement.

This rule trips people up more often than you would expect. Here is exactly how it works.

The Six-Month Rule

Under 23 Pa. C.S. Section 3104(b), the filing spouse (plaintiff) must demonstrate that either they or their spouse has been a bona fide resident of Pennsylvania for at least six continuous months prior to filing. "Bona fide" means genuine, permanent residence — not a temporary stay or mailing address.

If you moved to Pennsylvania five months ago, you cannot file yet. If your spouse still lives in Pennsylvania and has for years, you can file even if you recently moved out of state — because the statute requires only one of you to satisfy the requirement.

County Venue Is Separate from Residency

Once you meet the six-month state residency threshold, you choose which county to file in. Under Pennsylvania Rule of Civil Procedure 1920.2, you can file in:

• The county where the plaintiff (you) resides
• The county where the defendant (your spouse) resides
• A county that both parties agree upon in a signed writing attached to the complaint

There is no minimum time you must live in a county before filing there. Under the controlling case Kropf v. Kropf, a spouse can file in a new county immediately upon relocating, provided the statewide six-month test is already satisfied. However, filing in a newly established county may invite the other spouse to request a transfer under forum non conveniens (inconvenient forum) if witnesses and assets are concentrated elsewhere.

Proving Residency

The divorce complaint includes a residency clause where you state under oath that you meet the requirement. Courts rarely demand formal proof at the filing stage — the signed Verification attached to your complaint constitutes a sworn statement.

If residency is challenged, acceptable forms of proof include:

• Utility bills in your name at a Pennsylvania address
• Lease agreement or mortgage documents
• Pennsylvania driver's license or state ID
• Voter registration in a Pennsylvania county
• Tax returns listing a Pennsylvania address
• Bank statements mailed to a Pennsylvania address

Special Situations

Military members stationed in PA: Active-duty service members stationed in Pennsylvania can establish residency for divorce purposes, but their home state of record may also provide jurisdiction. Choose whichever makes the process simpler.

Spouse left the state: If your spouse moved out of Pennsylvania but you still live here, you can file in your county. Service of process rules extend the deadline to 90 days for out-of-state defendants (versus 30 days for in-state).

Both spouses left PA: If neither of you currently lives in Pennsylvania, you cannot file here regardless of how long you previously lived in the state. You must file in a state where at least one spouse currently resides.

Recent move within PA: If you just moved from Allegheny County to Philadelphia County last week, you can file in Philadelphia immediately. The six-month clock is statewide, not county-level.

What Happens If You File Too Early

If you file before satisfying the six-month requirement and the other party raises it, the court will dismiss your case for lack of jurisdiction. You would need to refile after meeting the threshold — and repay the filing fee.

The safer approach: count backward six full months from your intended filing date. If either spouse has lived in Pennsylvania continuously since that date, you are clear to file.

The Pennsylvania Divorce Filing Process Guide walks through the complete eligibility check — including how to draft the residency clause in your complaint and pick the optimal county venue for your situation.

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