Pennsylvania courts handle divorce through no-fault grounds like mutual consent or irretrievable breakdown after a 90-day wait or one year of separation. Key decisions on child custody prioritize the child’s best interests, alimony assesses financial need using statutory factors, and property follows equitable distribution for fairness. These rulings shape post-divorce futures based on evidence and law.
Child Custody
Courts award custody—shared, primary, partial, sole, or supervised—after evaluating 16 factors under 23 Pa.C.S. § 5328, with heavy weight on child safety, abuse history, and parental ability to encourage contact. No gender preference exists, and the child’s reasoned preference matters if mature. Judges always decide custody independently, even in uncontested divorces, to protect children.​
Alimony Rules
Alimony (post-divorce spousal support) requires proving necessity, with courts weighing 17 factors in 23 Pa.C.S. § 3701(b), including earnings, marriage duration, health, contributions, and tax effects. It’s not automatic but a “secondary remedy” for the financially disadvantaged; duration is reasonable and modifiable on changed circumstances. Spousal support or alimony pendente lite covers needs during separation or proceedings, calculated via income formulas adjusted for child support.​
Property Division
Pennsylvania uses equitable distribution, dividing marital property fairly but not necessarily 50/50 based on factors like marriage length, incomes, health, contributions, and needs under 23 Pa.C.S. § 3502. Marital assets include homes, retirement accounts, and businesses acquired during marriage; separate property like pre-marital assets stays distinct. Courts aim for equity considering future employability and custody impacts.
SOURCES
[1](https://www.pafamilylawllc.com/how-pennsylvania-uncontested-and-no-fault-divorce-laws-impact-child-custody)
[2](https://www.legalzoom.com/articles/alimony-in-pa)
[3](https://sfsattorneys.com/16-child-custody-factors-pennsylvania/)
[4](https://www.childwelfare.gov/resources/determining-best-interests-child-pennsylvania/)
[5](https://philalegal.org/resources/understanding-best-interests-child)
