Divorce Lawyer in Philadelphia

Philly Family Lawyers Exclusively Dedicated to Divorce

While divorce is a trying time, guidance from an experienced Philadelphia divorce lawyer can make it much easier to bear. At the Law Office of Smith & Horwitz, our divorce attorneys have over 35 years of experience working exclusively in family law. You can trust us to apply our decades of experience and focused legal representation to your divorce, helping make the process as successful and stress-free as possible.

Our firm in Philadelphia has handled a range of divorce-related matters, including:

Contact us online or call our law firm at (215) 515-8464 to discuss your case with our trusted divorce lawyer in Philadelphia today.

Filing for Divorce in Philadelphia

To file for divorce in Philadelphia, an individual must meet the following three requirements:

• Have lived in Pennsylvania for at least six months immediately before filing.
• At least one spouse currently lives in Philadelphia or both agree to divorce in Philadelphia.
• No other divorce case has been filed in another county or state (unless it is withdrawn).

Philadelphia County requires spouses filing for divorce to submit documents to the local Family Court Division, located at 1501 Arch Street. Understanding the Philadelphia court system can help prevent unnecessary procedural delays and ensure your paperwork receives the attention it requires. If you or your spouse live outside the city, neighboring counties like Bucks, Chester, Delaware, and Montgomery may have different filing locations and requirements. Working with a divorce attorney who regularly handles filings in these courts can help clarify important differences and keep your case on track.

Note that there are three types of divorce in Philadelphia: mutual consent, fault-based, and no-fault. 

How Can I Get a Quick Divorce in Pennsylvania?

You can file for an uncontested case to get a quick divorce in Pennsylvania. In an uncontested divorce, you and your spouse agree that the marriage is irretrievably over. You can request a divorce decree 90 days after filing the divorce complaint.

Processing times in Philadelphia courts vary depending on the court’s docket and the completeness of your divorce paperwork. Each step—serving documents, waiting periods, and final decrees—must comply with both state law and the local procedural timeline. When both spouses cooperate, especially with guidance from a divorce lawyer familiar with Philadelphia courts, uncontested divorces often move forward efficiently. When you prepare the right documents in advance, you help avoid many delays common to local cases.

Is Pennsylvania a No-Fault Divorce State?

Yes, Pennsylvania is a no-fault divorce state. A spouse does not need to prove fault or wrongdoing to obtain a divorce. The state offers two no-fault divorce processes: mutual consent and separation. 

The most common type of no-fault divorce in Pennsylvania is a mutual consent divorce, which allows for 90 days after both parties have served and consented to the divorce complaint.

Most people in Pennsylvania pursue a no-fault process because it is more straightforward, and you may not have to appear before a judge or go to court beyond submitting the necessary paperwork.

The following requirements apply to couples seeking no-fault divorce:

• A spouse has been confined to a mental institution for at least 18 months before filing.
• Both spouses agree to the divorce.
• The spouses have lived apart for at least 2 years, and one spouse files a legal document stating that the marriage cannot be repaired.

Many couples in Philadelphia choose the no-fault route because it can reduce the need for contested court hearings and provide a simpler timeline compared to fault-based proceedings. Understanding Pennsylvania’s specific rules for separation and mutual consent can help you decide which is best for your circumstances.

With the proper evidence, a judge may grant a fault-based divorce if a spouse has done any of the following:

• Abandoned the other without reasonable cause and has been out of the house for one year or longer.
• Cheated on their spouse.
• Put their spouse’s life and health at risk, such as with domestic violence.
• Married their spouse while still married to another person.
• Was sentenced to imprisonment for two or more years for committing a crime.
• Behaved in a way that made their spouse’s life unbearable or extremely difficult, such as through repeated humiliation or verbal abuse.

Fault-based divorces are more complex and will require support from a skilled divorce lawyer in Philadelphia.

Child Custody & Parenting Plans in Philadelphia

Parents navigating divorce in Philadelphia often have questions about child custody and how local courts approach parenting plans. Pennsylvania law encourages both parents to remain involved in their child’s life, focusing on the child's best interests when making custody decisions. Courts in Philadelphia review several factors, such as each parent’s living situation, work schedule, and their child’s needs, in determining custody. Judges may also factor in school location, access to support networks, and the safety of the neighborhood.

Parents can develop a reasonable parenting plan together, or the court will decide the arrangement if parents cannot reach an agreement. Custody arrangements address both legal custody (decision-making) and physical custody (where the child lives). In Philadelphia, judges prioritize stability and healthy routines for children, and may require parents to attend custody mediation or parenting classes if cooperation is challenging. Guidance from lawyers familiar with Philadelphia’s approach helps families navigate important steps, such as preparing for custody conferences and understanding what local family courts consider most important.

Navigating High-Asset & Complex Property Division

Divorce cases involving substantial property or complicated assets require careful planning and thorough documentation. In Philadelphia, local courts apply Pennsylvania’s equitable distribution law, which assesses the value and origin of all marital property before dividing it. Complex cases often include assets such as business interests, investment accounts, multiple real estate properties, stock options, or retirement plans. Properly assessing each asset’s value and tracing its source—whether separate or marital—can affect the division outcome.

Our firm addresses the special considerations that come up when spouses own significant assets, such as reviewing ownership documents and coordinating asset valuation for property located throughout Philadelphia neighborhoods or multiple counties. The court examines the length of the marriage, each spouse’s financial contributions, and any existing prenuptial agreements or postnuptial agreements. We guide clients through gathering and organizing financial records to protect their interests through negotiations or court proceedings. Local knowledge about real estate values and property tax considerations can strengthen a case, especially when unique or high-value assets are involved.

Call (215) 515-8464 to discuss your case with our Philadelphia family lawyers today.

What is a Wife Entitled to in a Divorce in PA?

In Pennsylvania, a wife is not automatically entitled to anything that is not her direct property or assets in a divorce. Alimony payments may be required based on the wife's situation. 

The family court will divide only marital property, which includes property that either spouse acquires during the marriage or with funds earned during the marriage.

Philadelphia courts apply equitable distribution rules, which means judges divide marital assets and debts based on fairness, not strictly on a 50/50 basis. The process can account for contributions by each spouse, the length of the marriage, and any child custody arrangements. High-value items, including real estate in Philadelphia neighborhoods, retirement accounts, or business interests, often require detailed documentation and careful review to help ensure both parties receive a fair share. Working with a divorce attorney who handles complex property division in Philadelphia can help you prepare for negotiations and court hearings.

Is Spousal Support Mandatory in Pennsylvania?

Alimony is ordered only when the court finds it necessary in Pennsylvania. The amount and duration of spousal support depend on a range of factors, including each party’s income.

During divorce negotiations, alimony is often a significant topic. 

Pennsylvania law allows judges to award either spousal support or alimony pendente lite before a final divorce is granted. 

We offer more details about the differences between the two on our Spousal Support and Alimony page.

Judges generally award alimony when one spouse is financially dependent on the other and needs help to meet basic needs after divorce. 

Some courts call temporary alimony “rehabilitative” support, aiming to help the supported spouse regain self-sufficiency after the divorce. 

Permanent alimony is possible, but courts typically grant it only in situations where one spouse cannot become financially independent due to significant health issues, age, or a prolonged absence from the job market.

Either spouse can ask for alimony, but the requesting spouse must show that financial support is necessary. 

Court decisions about alimony may consider the following factors:

• Relative earnings and earning capacities of both spouses.
• Age and physical, mental, and emotional health.
• All sources of income for each party.
• Length of the marriage.
• Any instance of marital misconduct.
• Impact on earnings due to custody of a minor child and contributions as a homemaker.
• Assets, liabilities, and property brought into the marriage.
• The needs and standard of living during the marriage.

Courts in Philadelphia often consider the city’s cost of living and each party’s post-separation needs. Judges can also look at region-specific issues such as job access in Center City, reliance on public transit, or ownership of city real estate. Knowing how Philadelphia courts evaluate spousal support can help you prepare accurate documentation and understand your options in negotiations.

Temporary alimony ends on a date set by the judge or when a specific event occurs, such as the supported spouse completing a degree program that allows them to improve their earning capacity. 

Permanent support continues until the court orders otherwise, or until one of these happens:

• Either spouse dies.
• The supported spouse remarries.
• The supported spouse lives with another adult as a couple.

Spouses may pay support in a lump sum or in periodic payments, usually monthly or quarterly. 

The family court may also order income withholding so that the paying spouse’s employer deducts alimony directly from their paycheck.

Questions? Call our Philadelphia Divorce Lawyer at (215) 515-8464.

Whether you need a Philadelphia divorce attorney to draft a settlement agreement for your uncontested divorce or strong legal support regarding alimony and other post-divorce issues, the Law Office of Smith & Horwitz is here to help. 

Our family lawyers have the knowledge and commitment needed to create solutions that support you and your family's future. 

For legal help in Philadelphia or the surrounding Pennsylvania counties, reach out with your questions about the divorce process.

Call (215) 515-8464 or contact us online to arrange a consultation with one of our experienced Philadelphia divorce lawyers. We serve clients in Philadelphia and throughout the five-county area, including Bucks, Chester, Delaware, and Montgomery Counties.