Family Law in PA – A Guide to Divorce, Custody & Support

Family law isn’t just about statutes or paperwork. It’s about people, families, and the relationships that define our lives.

Whether you’re planning for marriage, adjusting to a separation, or navigating shared parenting, Pennsylvania’s family law system provides the framework for protecting your rights and helping families move forward with stability and understanding.

This guide explains how family law works across common relationship milestones: marriage, parenting, and separation. Along the way, you’ll learn how to approach each stage with clarity, and when to seek guidance from a family lawyer near you.

What Is Family Law?

Family law defines the legal relationships between spouses, partners, parents, and children. It includes:

• Marriage and divorce
• Child custody and visitation
• Child and spousal support
• Prenuptial and postnuptial agreements
• Adoption and guardianship
• Domestic violence and protection orders

In Pennsylvania, the Court of Common Pleas handles family law cases, often within specialized Family Divisions.

Why do we suggest seeking out a family lawyer near you? Since each county has slightly different procedures, working with a family lawyer near you who is familiar with Montgomery, Bucks, Delaware, and Chester Counties may simplify the process.

Divorce in Pennsylvania

According to the CDC, Pennsylvania’s divorce rate is 2.2 per 1,000 residents, which is below the national average (CDC and the National Center for Health Statistics).

Divorce in PA can be no-fault (by mutual consent or one-year separation) or fault-based (misconduct or abandonment).

Requirements to File for Divorce

• At least six months’ of living in PA at one residence before filing
• A 90-day waiting period after filing for divorce in no-fault cases
• Filing occurs in the county where either spouse resides

Divorce Process Overview

• Filing the Complaint for Divorce
• Service and Response Period
• Disclosure of Finances
• Negotiation or Mediation
• Court Approval or Hearing

“Divorce is never just about ending a marriage. It’s about building the foundation for what comes next—financially, emotionally, and for your children.”

Shari Gelfont Williams, Family Law Attorney, High Swartz LLP

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High-conflict divorces can often involve property distribution, child custody, or business ownership. Pennsylvania follows equitable distribution, whereas dividing assets fairly, though not always equally.

When to Speak with a Divorce Lawyer

Even when both spouses agree that divorce is the right path, the process can be complex. Paperwork, filing requirements, and property division rules vary by county, and small mistakes can lead to long delays or unfair settlements.

A divorce lawyer near you can explain your options, help negotiate agreements, and guide you through mediation or court proceedings.

Whether your divorce is uncontested or involves disputes over custody, support, or property, having experienced legal counsel ensures your rights are protected.

Get fast answers to typical questions about divorce.

Custody and Parenting Time

Over 90% of Pennsylvania custody cases settle without trial (ParentingClasses). For those that proceed to court, judges evaluate 16 statutory factors under 23 Pa. C.S. § 5328 to determine the child’s best interests.

Fathers in Pennsylvania receive approximately one-third of parenting time on average, though shared custody is rising as courts emphasize parental cooperation.

Types of Custody in Pennsylvania

Pennsylvania law recognizes two primary forms of custody: legal custody and physical custody. Each has different levels of parental responsibility.

Legal Custody

• Sole Legal Custody: One parent has the exclusive right to make significant decisions regarding the child's education, medical care, and religious upbringing.
• Joint Legal Custody: Both parents share the right and responsibility to make these significant decisions together. This requires collaboration on issues like schooling, healthcare, and religion.

Physical Custody

• Sole Physical Custody: The child lives with one parent full-time, who handles daily care. The other parent typically has visitation rights.
• Joint Physical Custody: The child spends significant time with both parents, often in an evenly shared arrangement.
• Primary Physical Custody: The child resides primarily with one parent (typically four or more nights per week), while the other has visitation or partial custody.
• Partial Physical Custody: The child spends less time, usually three nights or fewer per week, with one parent, often limited to weekends or specific days.

Custody arrangements are based on what serves the child’s best interests, not what is considered fair to parents.

Recent changes under Kayden’s Law (2024) require courts to consider abuse history and criminal conduct more closely when assessing custody and visitation.

According to Gelfont Williams, preparation makes the difference:
“Custody cases hinge on documentation: Judges review text messages, schedules, medical records, and steady involvement which all tell the story.”

When to Speak with a Custody Lawyer

Custody cases are rarely one-size-fits-all. Every family’s circumstances are different, and Pennsylvania’s courts consider many factors, such as parental involvement, stability, and communication, when determining what’s best for the child.

If you’re navigating a custody dispute or need to modify an existing agreement, it’s critical to speak with a custody lawyer near you.

A local attorney can help you understand how the process works in your county, prepare documentation, and represent your child’s best interests.

For fast answers to custody questions, read this FAQ.

Child Support in Pennsylvania

Child support ensures both parents contribute fairly to their child’s financial well-being after separation or divorce. Pennsylvania uses the Income Shares Model, which aims to give children the same share of family income they would have received if their parents lived together.

The amount of support depends on both parents’ combined net monthly income and the number of children. Courts may adjust that figure for health-insurance costs, childcare expenses, or shared-custody arrangements.

Payments are typically made through the county’s Domestic Relations Sections (DRS), which also enforces orders and handles modifications.

Pennsylvania updated its child-support schedule in 2022, leading to modest increases, most notably for higher-income households.

How Child Support Is Calculated

Pennsylvania follows a structured process when calculating child support:

1. Determine Combined Net Income: The court calculates each parent’s monthly net income, subtracting taxes, alimony, and other allowable deductions.
2. Find the Basic Obligation: Using a statewide schedule (Rule 1910.16-3 of the Pennsylvania Code), the court identifies the basic monthly amount of support based on income and number of children.
3. Divide by Income Share: Each parent pays a percentage of that total equal to their share of the combined income.
4. Apply Adjustments: The court then accounts for childcare costs, health-insurance premiums, extraordinary medical expenses, or shared-custody time.

The result is a payment designed to meet the child’s needs while reflecting each parent’s ability to contribute.

You can estimate potential child support payments using Pennsylvania’s Child Support Estimator provided by the Department of Human Services.

Child Support Modifications

Existing support orders don’t change automatically. A parent must file a petition to modify if income or circumstances change.

Common reasons for child support modifications include:

• A significant change in either parent’s income
• Adjustments to custody arrangements
• Increases in a child’s educational or medical expenses

Failure to comply with an order can lead to wage garnishment, tax refund interception, or even license suspension.

“Support orders should be flexible enough to adapt as families change. When income, custody, or expenses shift, parents can, and should, request a review.”

Kimberly J. Krzyzaniak, Family Law Attorney, High Swartz LLP

When to Speak with a Child Support Lawyer

Establishing or modifying child support can feel overwhelming, especially when circumstances are changing.

A child support lawyer near you can explain how Pennsylvania’s formula works, calculate a fair payment amount, and guide you through enforcement or modification if needed.

Spousal Support and Alimony in Pennsylvania

Spousal support helps one spouse maintain financial stability after separation or divorce.

Pennsylvania law recognizes three types:

Spousal Support: Financial assistance paid from one spouse to another after separation but before a divorce is final.

Alimony Pendente Lite (APL): Temporary support during the divorce process.

Alimony: Ongoing or rehabilitative payments after the divorce is finalized.

Unlike child support, these payments are not automatic. A judge determines eligibility and amount based on the couple’s financial situation and other personal factors.

What Is Spousal Support?

Spousal support is court-ordered financial assistance paid from one spouse to another during the separation period after a couple has separated but before divorce proceedings are complete.

Its purpose is to help the dependent spouse maintain reasonable living expenses during this transition.

This form of support is distinct from both alimony pendente lite (which applies after filing for divorce) and alimony (which applies after the divorce is finalized).

How Spousal Support Is Determined

A judge decides whether spousal support is appropriate based on the circumstances of the case. PA has 17 alimony factors outlined in the Divorce Code.

Key factors include:

• Each spouse’s current income and earning capacity
• The length of the marriage
• The standard of living established during the marriage
• The age, health, and education of each spouse
• Each spouse’s pre-marital assets or inheritances
• Any marital misconduct, such as abuse or adultery, which may affect eligibility

“Spousal support isn’t about punishment—it’s about helping both parties maintain stability as they transition into separate lives.”

Kimberly J. Krzyzaniak, Family Law Attorney, High Swartz LLP

How Spousal Support Is Paid

• Payments are typically made on a regular schedule, such as monthly installments.
• In some cases, a one-time lump-sum payment may be ordered.
• The duration of payments varies depending on the factors above and the court’s discretion.

Spousal support orders can later be modified or terminated if financial or personal circumstances change significantly.

Duration of Alimony

The length of alimony in Pennsylvania isn’t fixed by law. Each case is decided individually by the court after reviewing the 17 statutory factors.

That said, many county courts informally apply a general guideline of roughly one year of alimony for every three years of marriage. This is not a legal rule or guarantee, but it can serve as a rough starting point for discussion.

Ultimately, judges decide both the amount and duration of alimony based on the evidence and what’s considered fair under the circumstances.

When to Speak with a Spousal Support Lawyer

Determining or modifying spousal support requires careful evaluation of finances and future needs.

A spousal support attorney near you can help you understand eligibility, calculate potential payments, and ensure any agreements or court orders reflect your best interests.

Prenuptial Agreements in Pennsylvania

A prenuptial agreement (sometimes called a “prenup”) is a written contract created by two people before they marry. It defines how assets, property, and debts will be divided if the marriage ends in divorce or death.

In Pennsylvania, a prenup becomes legally binding only after marriage and must meet several requirements to be enforceable under state law.

Key Requirements for a Valid Prenuptial Agreement

• Written Contract: The agreement must be in writing and signed by both parties.
• Full Financial Disclosure: Each person must share a complete and accurate picture of their assets, income, and debts.
• Voluntary Execution: Both parties must sign willingly, without any form of pressure, fraud, or coercion.
• Independent Review: Each party should have time to review the document and seek advice from their own attorney.
• Marriage Must Occur: The agreement takes effect only once the couple is legally married.

Prenuptial agreements can be challenged in Pennsylvania if one person can prove fraud, duress, or lack of disclosure. Working with experienced counsel helps avoid those pitfalls.

Why Couples Choose a Prenup

A thoughtfully drafted prenup offers clarity and control over financial matters, helping couples start their marriage with transparency and mutual understanding.

“A prenup isn’t pessimism—it’s preparation. Couples who define expectations early often avoid litigation later.”

Shari Gelfont Williams, Family Law Attorney, High Swartz LLP

Common benefits include:

• Protecting pre-marital assets: Keeps family businesses, inheritances, or real estate separate.
• Defining property rights: Allows couples to decide property division terms instead of relying on the court’s “equitable distribution.”
• Reducing conflict: A concise agreement minimizes disputes and uncertainty if the marriage ends.
• Peace of mind: Establishes financial expectations early, reducing stress down the road.

Considerations Before Signing

Prenuptial agreements are only as strong as the fairness and preparation behind them.

Each partner should:

• Allow sufficient time for review before the wedding date.
• Obtain independent legal advice to ensure the agreement is understood and fair.
• Ensure financial disclosures are complete and accurate.

While there is an upfront cost, the expense of preparing a fair, well-drafted prenup is often far less than the cost of litigating property division later.

When to Speak with a Prenuptial Agreement Lawyer

Prenups are not just for the wealthy. They’re for anyone who wants to enter marriage with clarity and fairness.

A prenup agreement lawyer near you can draft, review, or update an agreement that protects your interests while meeting Pennsylvania’s legal standards.

Get more details about prenuptial agreements in PA.

Navigating Pennsylvania’s Family Courts

Each Pennsylvania county has its own court procedures and programs for family matters.

Knowing what to expect can reduce stress and help cases move forward more smoothly.

What to expect in Suburban Philadelphia Counties

Montgomery (Norristown) | Strong emphasis on mediation and negotiated resolutions before hearings.

Bucks (Doylestown) | Custody masters oversee initial conferences and help narrow disputes early.

Delaware (Media) | The Family Support Center coordinates filings for support and enforcement.

Chester (West Chester) | Judges encourage collaboration and settlement discussions before trial.

Local experience matters. Working with a family lawyer near you familiar with county-specific rules can make the process faster and less overwhelming.

Before filing, you can review statewide forms and procedural details through the Unified Judicial System of Pennsylvania’s Family Court portal.

Experienced Family Lawyers in Bucks, Delco, and Montco, PA

At High Swartz, family law is about more than statutes or court filings. It’s about helping people navigate life’s most personal transitions with clarity and care.

For more than a century, our firm has guided families across Bucks, Montgomery, Delaware, and Chester Counties, providing trusted counsel through marriage, parenting, and separation.

Recognized among the Best Law Firms® in America (Metropolitan Tier 1 – Philadelphia) for Family Law, our attorneys combine deep legal knowledge with genuine compassion.

We know that every family’s story is different. That’s why we take the time to listen, explain, and create a path forward that protects your rights and your peace of mind.

With offices in Norristown, Doylestown, Feasterville, and Wayne, you’ll find a family lawyer near you who understands both your community and your needs.