Divorce complaint form for pennsylvania
However, it is possible to file your own divorce in Pennsylvania for no more than the state divorce form filing fees. This page provides all of the forms you need to initiate your do-it-yourself divorce in Pennsylvania. How to file for Divorce in Pennsylvania: Go to the file a Divorce page and under where it says County Courts select your County to check to see if there are any specific Divorce procedures and which forms are appropriate for your county.
File the Complaint Notice to Defend to start the Divorce process.
Then do the appropriate forms for your county and eventually file the Divorce Decree after all the necessary forms are filed. It is quite possible to avoid lawyers' fees by filing for your own divorce in Pennsylvania. You can download 12 of the forms you need to petition for divorce here - see the "who must file" section to determine which forms are relevant in your situation. This form is used to agree to entering a Divorce for the individual whom the Divorce was filed against.
This form is used to tell the Court you want to enter a final decree of Divorce without notice if you were the one who filed for Divorce.
Pennsylvania Divorce Forms: Divorce Forms and Explanations
This form is used to tell the Court you want to enter a final decree of Divorce without notice if you were the one who a Divorce complaint was filed against. This form is used to obtain alimony, property, payment for lawyer's fees or expenses as well as other rights. This form is used to verify that the individual with a Divorce getting filed against them is not in military or covered by any provisions related to the military.
Please note that while we do our best to ensure this list of forms is complete and up-to-date, we cannot be held responsible for omissions or errors in the information we provide. If you notice a mistake on this page, please let us know and we will fix it as soon as possible. Toggle Navigation Divorce Forms. Court papers may also be served by personal service, but you or a person related to you cannot complete this task. Once papers have been served, Proof of Service must be documented by completing an Affidavit of Service or Certificate of Service which explains how and when the papers were delivered to the other party.
If you are not sure which form to use, ask court personnel or consult with an attorney to make sure you follow this procedure correctly. If you were unable to successfully serve the other party within 30 days or within 90 days if the other party does not live in Pennsylvania , then you must complete and file the Praecipe to Reinstate the Complaint, Form 4. The date you file this Praecipe re-starts the clock for service, and you will have another 30 days to serve the other party or 90 days if the other party does not live in Pennsylvania.
If you continue to have problems completing service, it is recommended that you speak to an attorney. You may not proceed until proper service has been made. Pennsylvania Rules of Civil Procedure require that parties in a divorce wait 90 days from the service of the Complaint before filing c Affidavit of Consents. After all forms have been filing and the waiting period is over, a Divorce Decree will be mailed to both parties, assuming there are no mistakes.
If corrections are needed, a final divorce decree will not be entered until the court has the corrected paperwork. Some courts may contact you if corrections need to be made, and some courts will not. Prior to the final decree being issued, provide the office where legal pleadings are filed with two stamped envelopes. These envelopes will be used to mail copies of your final Divorce Decree to you once it has been granted.
This is not an easy question to answer, because each county in Pennsylvania can charge different amounts for the same services or processes. For example, Philadelphia, Delaware and Bucks counties have relatively high filing fees. Keep in mind, these are just court related costs.
Fees for hiring attorneys, mediators, arbitrators or for other services can be expensive and vary widely as well.
A Guide to Filing for Divorce in Pennsylvania
Costs will vary on the type of documents you need to file to begin your divorce case. Some of these fees may run into the hundreds of dollars. If you are not able to pay these fees, you can submit a form called In Forma Pauperis. As part of this submission, you will need to provide your income and expense statements and you may be required to appear in front of a judge who will decide if you must pay fees or not.
No, online divorce is not permitted in Pennsylvania. However, you can start the process online with the help of online services who will assist you in filling out forms. You will need to review these forms before you print them out and file in person at your county courthouse.
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- Uncontested Divorce in Pennsylvania | DivorceNet.
- Uncontested Divorce in Pennsylvania?
For a no fault and uncontested divorce, after divorce papers have been filed and served there is a minimum day waiting period before final paperwork can be submitted and a divorce can be finalized by the courts. In some cases, this could take longer if there is a backlog in the county where you file. In cases where a divorce is contested, both sides will need to work to resolve outstanding issues such as child custody and support, alimony, a division of assets and other concerns before a divorce can be presented to the courts for consideration. When spouses cannot come to an agreement, they may need to proceed to a trial which could add several months to the process before a divorce is finalized.
A person who wants to initiate a divorce in Pennsylvania must establish residency in the state for at least six months prior to initiating the action. After you file for divorce, you do not need to keep living in the state.
1. Meet the Residency Requirement
Yes, and the process is relatively easy. You start by drawing up a complaint for divorce and filing a form you get from the court on online. Be sure to only cite this reason if you are reasonably sure you and your spouse can reach a settlement without using the court. File an original complaint and two copies with the court of common pleas in the county where you or your spouse live.
Serve your spouse with the complaint within 30 days which you can do by certified mail if you so choose. Once your spouse has been served, the two of you must meet and decide how your assets, debts, child custody, support and other issues will be resolved.
Uncontested Divorce Procedure and Forms
You must wait 90 days before you can file your remaining paperwork with the court. The court will review your documents and if all is in order, you will be granted a divorce. Unlike some other states that requires a baby to be born before a divorce is granted, pregnancy is Not a relevant factor in Pennsylvania. A divorce can be finalized at any time. Your or your spouse must be either live in Pennsylvania or be stationed in the state to meet residence requirements under the laws governing military personnel who are seeking a divorce.
The grounds for a military divorce are the same as they are for a civilian divorce. You can either end a marriage through mutual consent because it is irretrievably broken, or you can cite more specific faults for seeking a divorce. Once paperwork has been filed to begin a divorce, copies must be served on a spouse to give him or her a chance to respond.
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When that spouse is in the military, they have certain protections afforded to them by the Servicemembers Civil Relief Act. This allows them to postpone the divorce while they are overseas or otherwise not able to adequately respond to the petition due to military service commitments.