Divorce Packet Pa Safe Law
1680394463
File Name: DPF_2019.pdf
File Size: 477.35 KB
File Type: Application/pdf
Last Modified: 4 years
Status: Available
Last checked: 19 mins ago!
This Document Has Been Certified by a Professional
100% customizable
Language: English
We recommend downloading this file onto your computer
Summary
DIVORCEPACKET NO-FAULT DIVORCE PACKET INTRODUCTION The purpose of this packet is to provide you with the information and documents you may need to obtain a simple no-fault divorce in Pennsylvania. This packet is not designed or intended for any divorce case with issues such as property/asset division, spousal support/child support/alimony, or child custody
Please look through the entire packet before completing any forms. For questions or additional assistance, please contact PA Safe Law Civil Legal Information Program at 833-727-2335 or call your local legal assistance office
Thank you for letting us help you! INSTRUCTIONS Step One: Filing the Complaint You will need to fill-out the following forms from this packet
1. Praecipe for Pro Se Entry of Appearance 2. Notice to Defend 3. Notice of Right to Counseling 4. Divorce Complaint 5. Verification 6. Certificate of Compliance 1 7. Petition to Proceed In Forma Pauperis Once completed, you will need to make 2 copies of each form. You will have 3 copies in total (1 original and 2 copies). If you do not have a way to make copies, you can most likely have copies made at the Prothonotary’s Office for a small fee
Take the documents to the Prothonotary’s Office for filing. When filing the documents, keep them in the order listed above from top to bottom. You can file for divorce in the county where you live, the county where your spouse lives (if different), or in a mutually agreed upon county. The Prothonotary’s Office will time-stamp the original and 2 copies. The original will stay in your file at the courthouse and the 2 copies will be returned to you. One copy is for you to keep and the other is for you to serve to your spouse as described in Step Two: Serving the Complaint
1Make sure to include this form with any document that you file at the Prothonotary’s Office. You can find more information on the UJS Public Access Policy at this link
Pennsylvania Coalition Against Domestic Violence | LOCAL: 717.545.6400 / TOLL-FREE: 800.932.4632 | PCADV.org | Page 2 of 51 Step Two: Serving the Complaint If your spouse lives in Pennsylvania, you must serve him or her with the documents within 30 days of the date you filed (30 days from the date stamped on the documents). If your spouse does not live in Pennsylvania, you have 90 days to serve them with the documents. If you do not serve them with the documents in time, you will have to file a Praecipe to Reinstate the Divorce Complaint per the Pennsylvania Rules of Civil Procedure. This document will allow you to restart the divorce process and continue with the complaint you already filed
You may serve the documents on your spouse by mail or in person: By Mail Informal Send your spouse copies of the documents by regular First Class U.S. Mail. You will need to include an Acceptance of Service form
Formal Send your spouse copies of the documents by Certified U.S. Mail, Restricted, Return Receipt Requested. The Post Office can assist you with this method. When your spouse receives the documents, he or she will have to sign a green receipt card that will be returned to you. After you get the green receipt card back, you will complete the Acceptance of Service form and attach the green receipt card
In Person Informal If you feel that it is safe, you can give the documents to your spouse directly and have them sign the Affidavit of Service form
Formal Have another adult personally hand the documents to your spouse. The person who delivers the documents will then complete the Affidavit of Service. You can use a sheriff’s service, a delivery service, or any other reliable adult person
After you have served the documents, you will need to file the signed Acceptance or Affidavit of Service (and any attachments, such as the green receipt card), and have it date-stamped at the Prothonotary’s office. The court will keep the original and return the copy to you
Step Three: The Waiting Period After you have filed a divorce complaint and served the documents on your spouse, you must wait a period of time before moving forward with finalizing the divorce. The length of the waiting period, and whether you follow Step 4a or Step 4b, depends upon the type of no-fault divorce
Pennsylvania Coalition Against Domestic Violence | LOCAL: 717.545.6400 / TOLL-FREE: 800.932.4632 | PCADV.org | Page 3 of 51 • If the divorce is a mutual consent divorce, where both you and your spouse agree to the divorce, you must wait 90 days before taking any further action. See Step 4a below
• If the divorce is an irretrievable breakdown divorce because your spouse is not cooperative, you must be separated for either 1 or 2 years before moving forward with finalizing the divorce. The waiting period is 1 year if the separation began on or after December 5, 2016. The waiting period is 2 years if the separation began before December 5, 2016. See Step 4b below
Step 4a: Mutual Consent Divorce - 3301(c) Affidavit of Consent, Waiver of Notice, and Praecipe to Transmit the Record After 90 days have passed since you served the divorce complaint on your spouse, both you and your spouse will sign an Affidavit of Consent and a Waiver of Notice to show that you both agree to go forward with the divorce. After these documents are signed and dated, copies must be filed with the Prothonotary’s office within 30 days of the signature date. If you miss this deadline, you will have to re- sign and date the forms and file them again within 30 days
After both parties have signed and filed copies of the Affidavit of Consent and Waiver of Notice, then you will prepare and file a Praecipe to Transmit the Record with a blank Divorce Decree to have the divorce finalized by the Judge. Please check with the Prothonotary’s Office to see if any additional paperwork is required for your county. When filing the Praecipe to Transmit the Record, you will need to give the Court self-addressed and stamped envelopes for you and your spouse so that the Court can mail you a copy of the final divorce decree. If any corrections are needed, the Court may return the paperwork to you before it enters the final divorce decree
Step 4b: Irretrievable Breakdown Divorce - 3301(d) Affidavit of Separation and Counter-Affidavit After the one-year or two-year waiting period is over (or if you have already been separated that long) you will complete the Affidavit of Separation, make two copies, and file them at the Prothonotary’s Office
They will keep the original and return the time-stamped copies to you. You will then serve a copy of the Affidavit of Separation together with a blank Counter-Affidavit, on your spouse. This time, you only need to serve the documents by first class U.S. mail
Your spouse has 20 days to respond to the Affidavit of Separation by completing, filing, and serving you with the Counter-Affidavit and an Answer to the Divorce Complaint
Notice of Intent and Praecipe to Transmit the Record If your spouse does not respond, you will serve them with the Notice of Intention to Request Entry of a Divorce Decree along with another blank Counter-Affidavit by first class U.S. Mail. Once again, your spouse has 20 days to respond by filing and serving the counter-affidavit and an answer to the divorce complaint
If they still do not respond, you can ask the court to finalize the divorce by filing the Praecipe to Transmit the Record and a blank Divorce Decree. Again, you will need to provide the court with self-addressed and stamped envelopes for you and your spouse so that the Court can mail you a copy of the final Divorce Decree
Pennsylvania Coalition Against Domestic Violence | LOCAL: 717.545.6400 / TOLL-FREE: 800.932.4632 | PCADV.org | Page 4 of 51 However, if your spouse responds with the Counter-affidavit and Answer to the Divorce Complaint, you may need to prepare to go to court and and file a Motion for the appointment of a Divorce Master who will decide your case. For more information, call an attorney at the PA Safe Law Civil Legal Information Program (833-727-2335) or your local legal assistance office
Optional Step 5: Resume Prior Surname If you changed your last name (surname) when you got married, and want to go back to using your birth name (or the last name you legally used), you can fill out and file the Notice of Intent to Resume Prior Surname2 with the Prothonotary. It can be filed before or after the final Divorce Decree is granted. There may be a small fee for filing this form. NOTE: Before filing, make several copies of the document and sign each individually. After they are time-stamped by the Prothonotary’s office, the documents are considered originals, and when organizations (social security, PennDOT, banks, etc.) ask for proof of your name change, you can give them the time-stamped documents
2 If the form must be notarized, you can fill it out before taking it to the notary, but don’t sign it until you are in front of the notary. The notary must watch you sign the form
Pennsylvania Coalition Against Domestic Violence | LOCAL: 717.545.6400 / TOLL-FREE: 800.932.4632 | PCADV.org | Page 5 of 51 INTENTIONALLY LEFT BLANK THERE IS NO NEED TO FILE THIS PAGEPennsylvania Coalition Against Domestic Violence | LOCAL: 717.545.6400 / TOLL-FREE: 800.932.4632 | PCADV.org | Page 6 of 51 FORMSLIST OF DOCUMENTS 1. Praecipe for Pro Se Entry of Appearance 2. Notice to Defend (in English and Spanish) 3. Notice of Right to Counseling 4. Divorce Complaint 5. Verification 6. Certificate of Compliance 3 7. Petition to Proceed In Forma Pauperis 8. Affidavit of Service 9. Acceptance of Service 10. Certificate of Service 4 11. Praecipe to Reinstate the Divorce Complaint 12. Affidavit of Consent 13. Waiver of Notice 14. Affidavit of Separation 15. Counter-Affidavit 16. Notice of Intention to Request Entry of a Divorce Decree 17. Praecipe to Transmit the Record 18. Divorce Decree 19. Notice of Intent to Resume Prior Surname3 Make sure to include this form with any document that you file at the Prothonotary’s Office. You can find more information onthe UJS Public Access Policy at this link
4 With the exception of the Divorce Complaint, you will include this form with any document that you file with the court todemonstrate you sent or gave a copy to your spouse
INTENTIONALLY LEFT BLANKTHERE IS NO NEED TO FILE THIS PAGE _________________________________, : In the Court of Common Pleas Plaintiff : _______________ County, Pennsylvaniav. : Docket No.: __________________ :_________________________________, : Civil Action – In Law Defendant : In Divorce PRAECIPE FOR PRO SE ENTRY OF APPEARANCETO THE PROTHONOTARY: Please enter my appearance in the above-captioned matter as a self-represented party. Iunderstand that I am under a continuing obligation to provide current contact information to the court,to other self-represented parties, and to attorneys of record. All pleadings and legal papers can be servedon me at the address listed below, which may or may not be my home address pursuant to Pa.R.C.P
Respectfully submitted,Dated:_________________ ________________________________ Printed Name ________________________________ Signature ________________________________ Address ________________________________ City, State, Zip Code INTENTIONALLY LEFT BLANKTHERE IS NO NEED TO FILE THIS PAGE _________________________________, : In the Court of Common Pleas Plaintiff : _______________ County, Pennsylvaniav. : Docket No.: __________________ :_________________________________, : Civil Action – In Law Defendant : In Divorce NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in thefollowing pages, you must take prompt action. If you fail to do so, the case may proceed without you anda decree of divorce or annulment may be entered against you by the court. A judgement may also beentered against you for any other claim or relief requested in these papers by the plaintiff. You may losemoney or property or other rights important to you, including custody of your children
When the ground of divorce is indignities or irretrievable breakdown of marriage, you mayrequest marriage counseling, a list of marriage counselors is available in the office of the Prothonotary at:_____________________________________
If you do not file a claim for alimony, division of property, lawyers’ fees or expenses before adivorce or annulment is granted, you may lose the right to claim any of them
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIONABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TOPROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLEPERSONS AT A REDUCED FEE OR NO FEE
_____________________ _____________________ _____________________ _____________________ INTENTIONALLY LEFT BLANKTHERE IS NO NEED TO FILE THIS PAGE
Pennsylvania Coalition Against Domestic Violence LOCAL: 717.545.6400 / TOLL-FREE: 800.932.4632 PCADV.org Page 2 of 51 NO-FAULT DIVORCE PACKET FORMS LIST …
Documemt Updated
Popular Download
Frequently Asked Questions
What are the requirements to get a divorce in pa?
Eligibility To file for divorce in Pennsylvania, one of the two spouses must have lived in the state for at least six months prior to filing. Additionally, the party must file for the divorce in the county where either spouse lives.
Is inherited property subject to marital property rules in pennsylvania?
Pennsylvania laws state that property inherited by one spouse during a marriage is separate and not subject to marital property rules. However, separate ownership of inherited property can be invalidated if the person who inherited the asset commingles it with marital assets.
Can i get a civil order of protection during a divorce?
You can as the court for a civil order of protection to legally keep a spouse away from you either before a divorce action begins or during a divorce already in progress. Domestic violence may be used as one of the fault-based reasons in filing for a divorce in Pennsylvania.