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Do-it-Yourself Divorce

Need help with your divorce? the first step is an initial consultation with a member of our legal team. You’ll get your questions answered and develop a plan for moving forward. the meeting usually takes about an hour and you’ll leave with an action plan for achieving your goals. Call us at (215) 523-6900 in Pennsylvania.

About this book

This book will provide you with the tools and resources to end your marriage and free you of the bonds of matrimony. Unfortunately, for many, this is only the tip of the iceberg. Divorces range in complexity depending on other factors such as child support, child custody, spousal support, alimony pendente lite, division of property and a myriad of other issues.

� In Pennsylvania, there are two (no-fault) ways to get divorced: 3301(c) – consensual divorce and 3301(d) – 2 year separation period, irretrievable breakdown of the marriage.

� Under either no-fault divorce action, either the plaintiff or defendant must have been a resident of the state for the six months proceeding the filing. It is not necessary for the parties to have lived separate and apart. Either party who meets these requirements and wishes to be divorced may file for a divorce.

Petrelli law, P.C.1845 Walnut street, suite 1600,

Philadelphia, PA 19103

Direct : (215) 523-6900

http://www.petrellilaw.com

Step-by-step guide to filing for divorce in Pennsylvania PAGE 2

Synopsis of the Divorce process 3Warning 4 Local rules 5What forms do I need to START? 6Complaint in Divorce – 3301(c) 7Complaint in Divorce – 3301(d) 8Verification - sample with directions 9Divorce information sheet 10Affidavit of nonmilitary service 11Notice to defend 12Counceling notice 13Domestic relations information sheet 14Other documents 15ASSEMBLING THE “Complaint Package” 16FILING THE “Complaint Package” 17 HOW TO SERVE my COMPLAINT 18Serving the SERVICE Package 20Sample with directions for filling out acceptance of service 21Sample with directions for filling out affidavit of service 22

Sample with directions for filling out affidavit of signature 23Affidavit of consent – plaintiff 24 Affidavit of consent – defendant 25DID you COMPLETE SERVICE? 26Next Steps by the Defendant 27Next Steps by You – the plaintiff 28Decree package 29Final Documents 30Sample waiver of notice of intention to request entry of a divorce decree 31 Notice of intent to file praecipe to transmit the record 32Praecipe to transmit the record 33Notice of intent to request entry of section 3301(c) divorce decree 34Praecipe for entry of divorce decree 35Counter-affidavit under section 3301(c) of the divorce code 36Divorce decree 37Finalizing the decree package 38Filing the decree package 39

TABLE OF CONTENT



SYNOPSIS OF THE DIVORCE PROCESS

Obtaining a divorce, as distinguished from child custody, child support, alimony or property distribution, is not a complex process in Pennsylvania.

Either you or your spouse must live in the state for at least six months prior to filing the action for divorce. You or your lawyer must file a divorce complaint with the Prothonotary in the county of your residence.

The complaint, along with a Family Court Cover Sheet, Notice to Defend, and Counseling Notice, must then be delivered to your spouse, either by the sheriff, by certified mail or by any individual over the age of 18 so long as it is not the Plaintiff. After you have waited the statutory period of time, and have filed the appropriate paperwork, the court will issue a divorce decree.

Once the order is signed by the judge, your divorce is final, and you may remarry if you so desire.



WARNING

� Divorce cuts off certain rights unless they are preserved. Specifically, if you do not preserve your claims for alimony and/or equitable distribution, those claims will be lost forever. Once you obtain a divorce, you forever waive your right to have a court divide your property or award you alimony. These rights are permanently and irrevocably forfeited when you obtain a divorce without having previously filed claims for property distribution and/or alimony. Therefore, if you have not yet completely resolved all issues related to your alimony claim or property distribution claims, you should not attempt to handle your own divorce.

� The information provided in this book should only be used to obtain a divorce; it will not help you resolve or protect your alimony and/or property distribution claims nor resolve your child support and/or child custody issue(s). Be sure you understand the rights you may lose if you complete your divorce without preserving your claims for alimony and/or division of property.


http://petrellilaw.com/philadelphia-divorce-attorney/equitable-distribution/


LOCAL RULES

� Many counties have procedures that differ slightly from those presented here. You should check with your local Prothonotary (also called Clerk of Court) in the county where you will file your divorce to determine any procedural variations in that county.

� To find the phone number for the Prothonotary in your county, visit the county court website for your locality in Pennsylvania.

� Some Prothonotaries will provide a Do-it-Yourself (self-help) Divorce Kit with information specific to their county. You should use the forms found in your county’s divorce kit if they differ from the forms we have provided, as the clerks and judges in your county will be more familiar with the forms provided in your clerk’s Do-it-Yourself Divorce Kit.

� The Prothonotary’s office CANNOT and WILL NOT instruct you on filling out these forms. If you have a question that the information provided here does not answer, please contact an attorney. When filling out your forms, please understand that it is illegal to falsify any information on any of the documents; you could be criminally prosecuted if you do so.

� Except where specifically noted, we have attempted to include every document that you will need to file your no-fault divorce. These documents and instructions have been designed to meet the requirements set by state laws. It is possible that county variations exist in the documents and/or filing instructions. Some variation in terminology may also exist (some counties may use a Petition, while others may use a Complaint, even though they are the same document).

� Due to county variations, during your first visit to the Court where you will be filing your divorce action, ask the Prothonotary’s Office if there are documents specific to that Court’s procedures that you will need during the divorce process.

� There is one basic requirement for filing for divorce in Pennsylvania: Either the Plaintiff or Defendant must have been a resident of Pennsylvania for at least 6 (“six”) months prior to filing of a divorce complaint.



WHAT FORMS DO I NEED TO START?

� All of the forms that you need in order to finalize your divorce are included in this book. The directions for filling out the form will either be in red font on the sample of the document or the directions will appear on the page adjacent to the sample of the document.

� If you are the person getting the forms and filling them out, you will be referred to as the PLAINTIFF. Your spouse will be referred to as the DEFENDANT.

� You will need to prepare the following documents before visiting the courthouse for filing your initial paperwork:



WHAT FORMS DO I NEED TO START? COMPLAINT IN DIVORCE – 3301(C)

Complaint Under Section 3301(c) of the Divorce Code – This form is to be filled out if both parties agree to be divorced. If you do not believe that your spouse will consent to the divorce, do not use this sample form. Again, only use Sample Complaint – 3301(c) if you are 100% sure your spouse will consent to a divorce.

*** If you are not sure whether or not you should use 3301(c) or 3301(d) because your spouse is not willing to participate or won’t give you a straight answer, then you should seek the advice of a divorce lawyer.

SAMPLE COMPLAINT – 3301 (c) – Consensual Divorce

IN THE COURT OF COMMON PLEAS OF INSERT NAME OF COUNTY COUNTY, PENNSYLVANIAFAMILY DIVISION

INSERT YOUR NAME : Plaintiff : : Leave the number blank. A file number : will be stamped by the court when filed. :vs. : No. ______________INSERT SPOUSE’S NAME :Defendant : : DIVORCE

COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE

1. The Plaintiff is INSERT YOUR NAME HERE, who currently resides at INSERT YOUR ADDRESS. He has resided at this address at least since INSERT DATE.

2. The Defendant is INSERT SPOUSE’S NAME, who currently resides at INSERT YOUR SPOUSE’S ADDRESS. She has resided at this address at least since INSERT DATE.

3. The INSERT PLAINTIFF OR DEFENDANT HERE has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint.

4. The Plaintiff and Defendant were married on INSERT DATE OF MARRIAGE, at INSERT PLACE OF MARRIAGE, CITY, STATE, COUNTRY, County of INSERT COUNTY.

5. The INSERT PLAINTIFF OR DEFENDANT HERE is OR IS NOT in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act of 2003 and its amendments.

6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction.

7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling.

8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, the Plaintiff intends to file an Affidavit

of Consent. The Plaintiff believes that the Defendant will also file such an Affidavit of Consent.WHEREFORE, if both parties file Affidavits after ninety (90) days have elapsed from the date of the filing of this Complaint, the Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301(c) of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. __________________ _____________________________________ Date TYPE YOUR NAME HERE AND SIGN ABOVE


http://www.petrellilaw.com/divorce-forms/Slide7-Sample-Complaint-3301c.pdf

http://www.petrellilaw.com/divorce-forms/Slide7-Sample-Complaint-3301c.pdf


WHAT FORMS DO I NEED TO START? COMPLAINT IN DIVORCE – 3301(D)

SAMPLE COMPLAINT – 3301 (d) – Irretrievable break down

Complaint Under Section 3301(d) of the Divorce Code - Where one party refuses to consent to the divorce, this Sample Complaint 3301(d) should be used. You can still process a no-fault divorce, but only after the parties have been separated for more than two years.

*** If you are not sure whether or not you should use 3301(c) or 3301(d) because your spouse is not willing to participate or won’t give you a straight answer, then you should seek the advice of a divorce lawyer.


INSERT YOUR NAME : Plaintiff : : Leave the number blank. A file number : will be stamped by the court when filed. :vs. : No. ______________INSERT SPOUSE’S NAME : Defendant : : DIVORCE

COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is INSERT YOUR NAME HERE, who currently resides at INSERT YOUR ADDRESS. He has

resided at this address at least since INSERT DATE.2. The Defendant is INSERT SPOUSE’S NAME, who currently resides at INSERT YOUR SPOUSE’S ADDRESS.

She has resided at this address at least since INSERT DATE.3. The INSERT PLAINTIFF OR DEFENDANT HERE has been a bona fide resident in the Commonwealth for at

least six (6) months immediately previous to the filing of this Complaint.4. The Plaintiff and Defendant were married on INSERT DATE OF MARRIAGE, at INSERT PLACE OF MARRIAGE,

CITY, STATE, COUNTRY, County of INSERT COUNTY.5. The INSERT PLAINTIFF OR DEFENDANT HERE is OR IS NOT in the military or naval service of the United

States or its allies within the provisions of the Servicemembers Civil Relief Act of 2003 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other

jurisdiction.7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties

to participate in counseling.8. The marriage is irretrievably broken.9. An original copy of the marriage certificate is attached.10. Plaintiff alleges the following grounds for dissolution of the marriage: Under Section 3301(d) of the Divorce Code

– The parties have been separated and apart for at lease two (2) years. WHEREFORE, the Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301(d) of the Divorce Code.I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. __________________ _________________________________________Date TYPE YOUR NAME HERE AND SIGN ABOVE


http://www.petrellilaw.com/divorce-forms/Slide8-Sample-Complaint-3301d.pdf

http://www.petrellilaw.com/divorce-forms/Slide8-Sample-Complaint-3301d.pdf


WHAT FORMS DO I NEED TO START? VERIFICATION - SAMPLE WITH DIRECTIONS



VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S., §4904, relating to unsworn falsification to authorities.

__________________ _________________________________________Date TYPE YOUR NAME HERE AND

SIGN ABOVE

The next form you will fill out is the Verification.

The complaint for a claim for divorce must be verified; that means the document is akin to an affidavit, and you swear to the truth of the allegations and facts contained therein. Where a Verification is not made or is improperly made, the court lacks jurisdiction to grant a divorce. For a complaint for divorce to be valid, it must be properly verified at the time it is filed.

The instructions on filling out the Verification are in red font on the Sample Verification. When you are finished filling out the Verification, you will need to attach the original signed verification to the back of the original signed Complaint, and a copy of the Verification should be attached to each copy of your Complaint.

SAMPLE VERIFICATION


http://www.petrellilaw.com/divorce-forms/Slide9-Sample-Verification.pdf

http://www.petrellilaw.com/divorce-forms/Slide9-Sample-Verification.pdf


WHAT FORMS DO I NEED TO START? DIVORCE INFORMATION SHEET



Divorce Information Sheet

PLAINTIFF INFORMATION: Name : INSERT YOUR NAME HEREAddress : INSERT YOUR ADDRESS Phone Number: INSERT YOUR PHONE NUMBERDate of Birth: INSERT DATE OF BIRTHSocial Security No : XXX-XX-_ _ _ NSERT LAST FOUR DIGITS OF YOUR SOCIAL SECURITY NUMBER DEFENDANT INFORMATION:

Name : INSERT SPOUSE’S NAMEAddress : INSERT YOUR SPOUSE’S ADDRESS Phone Number: INSERT YOUR PHONE NUMBER Date of Birth : INSERT DATE OF BIRTHSocial Security No : XXX-XX-_ _ INSERT LAST FOUR DIGITS OF YOUR SOCIAL SECURITY NUMBER

The instructions on filling out the Sample Divorce Information Sheet are in red font on the Sample DIS.

When you are finished filling out the DIS, you will need to attach the original DIS to the front of the original signed Complaint, and a copy of the DIS should be attached to each copy of your Complaint.

SAMPLE DIVORCE INFORMATION SHEET


http://www.petrellilaw.com/divorce-forms/Slide10-Sample-DIS.pdf

http://www.petrellilaw.com/divorce-forms/Slide10-Sample-DIS.pdf


WHAT FORMS DO I NEED TO START? AFFIDAVIT OF NONMILITARY SERVICE



AFFIDAVIT OF NON-MILITARY SERVICE

Personally appeared before me the undersigned, a Notary Public in and for said County and State, INSERT YOUR NAME HERE, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his or her own knowledge that the Defendant INSERT SPOUSE’S NAME herein is not in the military service as defined in the Service members Civil Relief Act of 2003 and its Amendments thereto, for the following reasons: At no time during our marriage have I ever witnessed my spouse report to or make contact with military.

Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety

guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service.

_________________________TYPE YOUR NAME HERE AND ABOVE(Warning - Do not sign until you are actually in front of a NOTARY) IN WITNESS THEREOF, I have hereunto set my hand and seal.SWORN and SUBSCRIBED tobefore me this __________ dayof ____________________, __________. _________________________Notary Public

SAMPLE AFFIDAVIT OF NONMILITARY SERVICE

Filling out the Affidavit of Nonmilitary Service – The Service members Civil Relief Act is a federal law protecting military members as they enter active duty. It helps service members devote their energy to the nation’s defense by suspending certain legal and financial proceedings. It may block the entry of default judgments in some cases.

Affidavit of Nonmilitary Service is used when you want the court to enter a default judgment in your favor if the defendant does not reply to your complaint or does not appear in court. To fill out this affidavit, you will need to tell the court if the defendant is on active duty with any branch of the military service.

The instructions on filling out the Affidavit of Nonmilitary Service are in red font on the Sample DIS.


http://www.petrellilaw.com/divorce-forms/Slide11-Sample-Affidavit-of-Nonmilitary-Service.pdf

http://www.petrellilaw.com/divorce-forms/Slide11-Sample-Affidavit-of-Nonmilitary-Service.pdf


WHAT FORMS DO I NEED TO START? NOTICE TO DEFEND



NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money, property or other rights important to you, including the right to demand marriage counseling. When the ground for divorce is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary for your County. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE:Adams Co., Gettysburg: (717) 334-6781 Lackawanna Co., Scranton: (570) 969-9600Allegheny Co., Pittsburgh: (412) 261-0518 Lancaster Co., Lancaster: (717) 393-0737Armstrong Co., Kittanning: 724-548-3251 Lawrence Co., New Castle: (724) 656-2143Beaver Co., Beaver: (412) 728-4888 Lebanon Co., Lebanon: (717) 274-2801Bedford Co., Bedford: 814-623-4833 Lehigh Co., Allentown: (610) 433-7094Berks Co., Reading: (610) 375-4591 Luzerne Co., Wilkes-Barre: (717) 822-6712Blair Co., Hollidaysburg: (814) 693-3090 Lycoming Co., Williamsport: (570) 327-2251Bradford Co., Towanda: (570) 265-1705 McKean Co., Smethport: (814) 887-3270Bucks Co., Doylestown: (215) 348-9413 Mercer Co., Mercer: (724) 342-3111Butler Co., Butler: (724) 284-5214 Mifflin Co., Lewistown: (717) 248-8146Cambria Co., Ebensburg: (814) 472-1636 Monroe Co., Stroudsburg: (570) 424-7288Cameron Co., Emporium: (814) 468-3355 Montgomery Co., Norristown: (610) 279-9660Carbon Co., Jim Thorpe: (570) 325-2481 Montour Co., Danville: (570) 271-3010Centre Co., Bellefonte: (814) 355-6796 Northampton Co., Easton: (610) 258-6333Chester Co., West Chester: (610) 429-1500 Northumberland Co., Sunbury: (570) 988-4151Clarion Co., Clarion: (814) 226-1119 Perry Co., New Bloomfield: (717) 582-2131Clearfield Co., Clearfield: (814) 765-2641 Philadelphia Co., Philadelphia: (215) 238-1701Clinton Co., Loch Haven: (570) 893-4007 Pike Co., Milford: (570) 296-7231Columbia Co., Bloomsburg: (570) 389-5600 Potter Co., Coudersport: (814) 274-9740Crawford Co., Media: (814) 333-7324 Schuylkill Co., Pottsville: (570) 628-1270Cumberland Co., Carlisle: (717) 249-3166 Snyder Co., Middleburg: (570) 837-4202Dauphin Co., Harrisburg,: (717) 232-7536 Somerset Co., Somerset: (814) 445-1428Delaware Co., Media: (610) 566-6625 Sullivan Co., Laporte: (570) 946-7351Elk Co., Ridgway: (814) 776-5344 Susquehanna Co., Montrose: (570) 278-4600

SAMPLE NOTICE TO DEFEND

NOTICE TO DEFEND AND CLAIM RIGHTS. This document shows that the Petitioner has made Defendant aware of the divorce filing and he/she is advised they may file an objection.

Pennsylvania law requires that all parties be given notice that no claim for economic relief may be made after the divorce decree is signed. NOTICE TO DEFEND AND CLAIM RIGHTS is one such notice that is given to the Defendant (there will be others later in the divorce process).

Although you are filing an uncontested divorce, these NOTICES are still required.

Reminder: These documents and instructions are for a no-fault uncontested divorce. “Uncontested” means that you and your spouse are able to reach an agreement on child custody and support, alimony, as well as division of your property, debts and retirement benefits, and any other issue which may be raised under the Pennsylvania Divorce Code. If either party intends to make a claim for economic relief, the case becomes a “contested” one, in which the Court is required to make decisions regarding the divorce. That in turn requires a hearing, and most of these instructions and documents will not be useful to you.


http://www.petrellilaw.com/divorce-forms/Slide12-SampleNoticetoDefend.pdf

http://www.petrellilaw.com/divorce-forms/Slide12-SampleNoticetoDefend.pdf


WHAT FORMS DO I NEED TO START? COUNCELING NOTICE

SAMPLE COUNSELING NOTICE

Sample Counseling notice must be signed and attached to the original divorce complaint and the copy to be served on the opposing party.



COUNSELING NOTICE UNDER Pa.R.C.P. RULE 1920.45(a)*(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce

is sought under any of the following grounds: Section 3301(a)(6) Indignities Section 3301(c) Irretrievable Breakdown Mutual Consent Section 3301(d) Irretrievable Breakdown Two-Year Separation where the court determines that there is not a reasonable prospect of reconciliation. A list of qualified professionals is available for inspection in the Prothonotary of the court.

_____________ ___________________________ DATE TYPE YOUR NAME HERE AND SIGN ABOVE


http://www.petrellilaw.com/divorce-forms/Slide13-Counseling-Notice.pdf

http://www.petrellilaw.com/divorce-forms/Slide13-Counseling-Notice.pdf


WHAT FORMS DO I NEED TO START? DOMESTIC RELATIONS INFORMATION SHEET

SAMPLE DOMESTIC RELATIONS INFORMATION SHEET (“DRIS”)

The DRIS must be filled out and filed with the original divorce complaint.



WHAT FORMS DO I NEED TO START? OTHER DOCUMENTS

VITAL STATISTICS FORM:

The VITAL STATISTICS FORM is supplied by your Prothonotary's Office, and is used by the state to collect demographic data for the use of legislators and researchers.

z Note: Some courts may have a similar form that goes by a different name, or some courts may not require this form at all. Inquire about the necessity of this form (or alternative) with your Court Clerk during your first trip to the Prothonotary's Office at the time of your initial filing.

MARRIAGE CERTIFICATE:

Obtain a certified copy of your MARRIAGE CERTIFICATE.

z Inquire with the Court Clerk if you need a certified copy of your MARRIAGE CERTIFICATE. Not all counties require this documentation.

z If needed, this is generally available from the Court Clerk's office in the county in which your marriage ceremony took place. It must be a certified copy; that is, it must contain a raised seal or some other device to prove its authenticity.

z If applicable, put the certified copy of your MARRIAGE CERTIFICATE aside for later use.



ASSEMBLING THE “COMPLAINT PACKAGE”

� Make two photocopies of all documents you have collected and reviewed so far as described in the instructions above.

� Paper clip (do not staple) the following documents in the order listed:

z NOTICE TO DEFEND AND CLAIM RIGHTS and COUNSELING NOTICE

z Original COMPLAINT plus the two copies of the COMPLAINT

z VERIFICATION

z Certified copy of MARRIAGE CERTIFICATE (if required)

z DOMESTIC RELATIONS INFORMATION SHEET

z AFFIDAVIT OF NON-MILITARY SERVICE

� This collection of paper-clipped original documents (not counting the two extra copies of the COMPLAINT) is the Complaint Package.

� Assemble two sets of documents using your photocopies in the same order as indicated above. One set is for your records. One copy of the set is for the Defendant.



FILING THE “COMPLAINT PACKAGE”

� Once all of the required forms are filled out and put together in the correct order (VERY IMPORTANT), take them to your county’s courthouse and file them with the Prothonotary of your county. The clerk will walk you through the filing process.

� The cost of filing a divorce in Pennsylvania varies from county to county, so you should check your locality for costs. The courts DO NOT accept personal checks. You may pay the filing fee with cash, a money order, or a certified check made out to the Prothonotary office in the county in which you are filing.

� When you file your forms at the Prothonotary, the Clerk will assign a case number to your case. The Clerk will stamp this number on the Complaint, the Notice to Defend, and the copies of these documents. The file number will include the year you are filing in (“14” if you are filing in 2014); the type of case it is; and the number assigned to your case. This process may vary slightly depending on the county you are filing in, but the case numbers will be assigned in the same way.

� At the time you file your papers with the Prothonotary ask the Court Clerk if your county has other document or form requirements, in addition to the documents you have prepared. Many counties will give you directions detailing the process you

need to follow to finish your divorce. Follow those directions exactly and you will not have any difficulties in completing your divorce.

� Before you leave the Clerk's office, you should:

z Make sure that the case number and time stamp is written in the corresponding blanks on all the other documents you are filing

z Make sure that you receive back the two "filed" copies of the COMPLAINT (with the case number on each)

z Ask the Clerk the amount of the fee, if applicable, to file the PRAECIPE TO TRANSMIT RECORD (this is one of your prepared documents and is used later in the divorce process)

z Be sure that you have any other documents or forms that may be specifically required by your county Court, and inquire when they need to be completed and filed with the Court during the divorce process


Step-by-step guide to filing for divorce in Pennsylvania PAGe 18

hoW To Serve my ComplainT

� Service is the delivery of the Notice to Defend and the Complaint to the defendant in the case to provide notification of the proceeding. the service to the Defendant must happen within 30 days (or 90 days if the Defendant lives out of state) of your filing of the CoMPlAiNt (the date stamped on the CoMPlAiNt PACKAGe).

� WARNING: If service is accomplished incorrectly or incompletely, the Court will conclude that your spouse has not had a proper chance to challenge your action and will dismiss your COMPLAINT.

� You may “serve” the Defendant using any one of the following methods.

1. Service by Sheriff

The sheriff in the locality where the defendant (your spouse) lives can also serve your documents. For instance, if your spouse lives in Philadelphia County and you live in Montgomery County, you may file in Montgomery County; however, you should have the Philadel-phia County Sheriff’s Department serve your spouse since he or she lives in Philadelphia County. Many people prefer to serve their spouse by certified mail for this very reason. There is a fee for the sheriff to serve the Notice to Defend and Complaint in Pennsylvania. You will need to contact the Sheriff’s Office in the county your spouse is living in if they are living outside of Pennsylvania to determine the fee for service.

2. Service by Certified Mail

The most commonly used form of service is certified mail with a re-turn receipt. Unless you know your spouse is going to refuse to sign for certified mail, try certified mail first. Service by certified mail costs whatever the post office charges you for that service. Using certified mail is cheaper and faster than using the sheriff. It is also less hassle for you, since you don’t have to deal with the sheriff’s department.

When you use certified mail, the post office sends a green card back to you after the defendant has signed for the piece of mail. Once you receive the green card from the post office, you need to ensure that the card has been signed. Then you need to create an Affidavit of Service by Certified Mail to file in the court file.

A sample Affidavit of Service is included in this book with directions for filling out the form in red font. You need to attach the green card to your notarized affidavit when you file the affidavit. If the defendant is willing to sign an acceptance of service, you may simply file the Acceptance of Service instead of filing an Affidavit of Service.



3. Service by Publication

A final, alternative method for service can be used if these other methods have been tried and failed. That method is service by publication. In service by publication, a notice regarding the action is placed in the newspaper in the county where defendant last resided. This alternative method for service is more complicated than the other methods, so you should only use this method when all else fails.

You should publish the notice in a legal newspaper and a local newspaper that are circulated in the area where you believe the defendant to be located. Each county has a rule that lists the newspapers you may use for publication. You can contact your local Prothonotary to request that list. If you do not have any information about the defendant’s whereabouts, then the notice of service of process by publication may be circulated in the county where the action is pending. Regardless, the notice must be published in the appropriate newspapers once a week for three consecutive weeks. The notice should also be mailed to the defendant’s last known address.

HOW TO SERVE MY COMPLAINT

The notice of service of process by publication must contain the following elements:

z The court and title of the action;

z The name of the person to be served;

z Must state that a pleading seeking relief against the person to be served has been filed or has been required to be filed therein not later than a date specified in the notice;

z Must state the nature of the relief being sought;

z Must provide notice that the defendant being served shall file a responsive pleading within 40 days after the date of the first publication of the notice, and notify the defendant that upon her failure to do so, the party seeking service by publication will apply to the court for the relief sought; and

z Must be signed by the serving party and give the contact information for the serving party

z As provided in the notice, service by publication increases the standard waiting period from 30 to 40 days (measured from the date of the first newspaper notice). Upon completion of the service, you must file an affidavit showing the publication and mailing, the circumstances warranting the use of service by publication, and information, if any, regarding the location of the party served. A sample Notice of Service by Process of Publication and Affidavit is included and directions for filling out the same are on the page adjacent to the sample document.



SERVING THE SERVICE PACKAGE

� Documents to be Served to Your Spouse (the Defendant)

� Gather the following documents (found after this page) in this order:

z AFFIDAVIT OF CONSENT (FOR DEFENDANT)

z WAIVER OF NOTICE (FOR DEFENDANT)

z A copy of COMPLAINT PACKAGE which was set aside for the your spouse

� NOTE: One or more of additional Service Forms may be needed depending on how you serve your spouse. Read all the directions.

� The aforementioned are the documents you will serve to your spouse. This will be referred to as the “SERVICE PACKAGE”



HOW TO SERVE MY COMPLAINT SAMPLE WITH DIRECTIONS FOR FILLINGOUT ACCEPTANCE OF SERVICE

SAMPLE ACCEPTANCE OF SERVICE

Directions for Filling out Acceptance of Service1. On the top line, enter the county where you are filing;2. In the top right section of the caption, enter the file number

(stamped on the Complaint when filed);3. Enter the names of the Plaintiff and Defendant;4. enter the date;5. Defendant must sign the form in front of a Notary Public;6. The bottom half of the form will be filled out by the Notary Public

once the Defendant has signed.



ACCEPTANCE OF SERVICE I, INSERT SPOUSE’S NAME, hereby state that I have accepted service of a true correct copy of the Complaint in Divorce, Notice to Defend and Claim Rights, and Notice of Availability of Counseling in the above captioned matter on YOUR SPOUSE FILLS IN THE DATE SERVED by _____ (a) Certified Mail sent to the following address: IF SENT BY CERTIFIED MAIL, PLAINTIFF MUST FILL IN THE _________________________________________ADDRESS WHERE THE MAIL WAS ADDRESSED AND CHECK THIS BOX. __________________________________________ __________________________________________ _____ (b) Personal Service. This document was hand-delivered by: FILL IN THIS SECTION BY ADULT WHO WOULD BE ________________________________ whose age is _________ and address isPERSONALLY SERVING YOUR SPOUSE. THIS PERSONCAN NOT BE THE PLAINTIFF OF THIS ACTION. IT MUST _________________________________________A THIRD PARTY OVER THE AGE OF 18 YEARS OF AGE. __________________________________________ __________________________________________ I verify that the statements made in this Acceptance of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. _________________________ Defendant DEFENDANT MUST SIGN ABOVE IN THE PRESENCE OF A NOTARY

IN WITNESS WHEREOF, I hereunto set my hand and official seal.SWORN and SUBSCRIBED tobefore me this __________ dayof ____________________, __________. _________________________Notary Public


http://www.petrellilaw.com/divorce-forms/Slide21-Acceptance-of-Service.pdf

http://www.petrellilaw.com/divorce-forms/Slide21-Acceptance-of-Service.pdf


HOW TO SERVE MY COMPLAINT SAMPLE WITH DIRECTIONS FOR FILLINGOUT AFFIDAVIT OF SERVICE

SAMPLE AFFIDAVIT OF SERVICE

Directions for Filling out Affidavit of Service1. On the top line, enter the county where you are filing;2. In the top right section of the caption, enter the file number

(stamped on the Complaint when filed);3. Enter the names of the Plaintiff and Defendant;4. enter the date;5. Plaintiff must sign the form in front of a Notary Public;6. The bottom half of the form will be filled out by the Notary Public

once the Defendant has signed.



AFFIDAVIT OF SERVICE INSERT YOUR NAME HERE, after being duly cautioned and sworn, deposed and says that in regard to the above-captioned case, I served INSERT SPOUSE’S NAME with a true and correct copy of the Complaint in Divorce, Notice to Defend and Claim Rights, and Notice of Availability of Counseling on the date of INSERT DATE HERE (date) in the manner of

_____ (a) Certified Mail sent to the following address: IF SENT BY CERTIFIED MAIL, PLAINTIFF MUST FILL IN THE _________________________________________ADDRESS WHERE THE MAIL WAS ADDRESSED AND CHECK THIS BOX. __________________________________________ __________________________________________ _____ (b) Personal Service. This document was hand-delivered by: FILL IN THIS SECTION BY ADULT WHO WOULD BE _________________ whose age is _________ and address isPERSONALLY SERVING YOUR SPOUSE. THIS PERSONCAN NOT BE THE PLAINTIFF OF THIS ACTION. IT MUST __________________________________________A THIRD PARTY OVER THE AGE OF 18 YEARS OF AGE. __________________________________________ __________________________________________ I verify that the statements made in this Acceptance of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. _________________________ Plaintiff PLAINTIFF MUST SIGN ABOVE IN THE PRESENCE OF A NOTARY

IN WITNESS WHEREOF, I hereunto set my hand and official seal.SWORN and SUBSCRIBED tobefore me this __________ dayof ____________________, __________. _________________________

Notary Public


http://www.petrellilaw.com/divorce-forms/Slide22-Affidavit-of-Service.pdf

http://www.petrellilaw.com/divorce-forms/Slide22-Affidavit-of-Service.pdf


HOW TO SERVE MY COMPLAINT SAMPLE WITH DIRECTIONS FOR FILLING OUT AFFIDAVIT OF SIGNATURE

SAMPLE AFFIDAVIT OF SIGNATURE

Directions for Filling out Affidavit of Signature1. On the top line, enter the county where you are filing;2. In the top right section of the caption, enter the file number

(stamped on the Complaint when filed);3. Enter the names of the Plaintiff and Defendant;4. enter the date;5. Plaintiff must sign the form in front of a Notary Public;6. The bottom half of the form will be filled out by the Notary Public

once the Defendant has signed.7. Exhibit “A,” must be attached.

The exhibit is the original green return receipt from service by certified mail. The postal service will send you this copy within a few weeks of successful service.



AFFIDAVIT AS TO SIGNATURE INSERT YOUR NAME HERE, being duly sworn according to law, deposes and says that he or she is the Plaintiff in the above-captioned divorce; that he or she is familiar with the signature of the Defendant; and that the signature on the return receipt attached hereto as Exhibit “A” is the signature of the Defendant. _________________________ Plaintiff PLAINTIFF MUST SIGN ABOVE IN THE PRESENCE OF A NOTARY

IN WITNESS WHEREOF, I hereunto set my hand and official seal. SWORN and SUBSCRIBED tobefore me this __________ dayof ____________________, __________. _________________________Notary Public


http://www.petrellilaw.com/divorce-forms/Slide23-Affidavit-as-to-Signature.pdf

http://www.petrellilaw.com/divorce-forms/Slide23-Affidavit-as-to-Signature.pdf


AFFIDAVIT OF CONSENT - PLAINTIFF

SAMPLE AFFIDAVIT OF CONSENT - PLAINTIFFIN THE COURT OF COMMON PLEAS OF INSERT NAME OF COUNTY COUNTY, PENNSYLVANIA

FAMILY DIVISION


AFFIDAVIT OF CONSENT

1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ENTER DATE FROM DATE STAMP ON COMPLAINT (date).

2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint.

3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer’s fees or expenses if I do not

claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are

made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. _________________________ _________________________DATE HERE PLAINTIFF - TYPE YOUR NAME HERE AND SIGN ABOVE

SWORN and SUBSCRIBED tobefore me this __________ dayof ____________________, __________. _________________________Notary Public

Affidavit of Consent – Plaintiff

� Where both parties are willing to consent to the divorce, they may file Affidavits of Consent.

� Each party must sign an Affidavit of Consent and both must be filed. SAMPLE AFFIDAVIT OF CONSENT – PLAINTIFF is to be completed for the Plaintiff’s signature. The form is the same for the Defendant except for the signature line where you will put your spouse’s name in place of the Plaintiff’s name.

� A common problem Plaintiffs and Defendants make is filing these Affidavits prior to the 90th day after Service.

� Affidavits of Consent may not be filed prior to the 90th day following the filing and service of the divorce complaint on the Defendant.

� The Affidavits must be filed by both Plaintiff and Defendant.

� They must be filed within 30 days from the date of signing the Affidavit of Consent.


http://www.petrellilaw.com/divorce-forms/Slide24-Affidavit-o-Consent-Plaintiff.pdf

http://www.petrellilaw.com/divorce-forms/Slide24-Affidavit-o-Consent-Plaintiff.pdf


AFFIDAVIT OF CONSENT - DEFENDANT

SAMPLE AFFIDAVIT OF CONSENT - DEFENDANT

Affidavit of Consent - Defendant

� Prepare and mail Defendant’s Affidavit of Consent as follows:

z Fill out the caption.

z Type in the date the Complaint was filed and the date the Complaint was served.

z Type in your spouse’s (the Defendant’s) full name followed by “Defendant” under the signature line.

z Mail this copy of the form to your spouse, asking him or her to sign and date it and return it to you. Or you can take it to him or her in person and ask him to sign it and give it back to you.

z Make sure to include a self-addressed stamped envelope so your spouse can mail it back to you after she or he signs it.



AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ENTER DATE FROM DATE

STAMP ON COMPLAINT (date). 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of

filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer’s fees or expenses if I do not

claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. _________________________ _________________________DATE HERE DEFENDANT - TYPE YOUR NAME HERE AND SIGN ABOVE

SWORN and SUBSCRIBED tobefore me this __________ dayof ____________________, __________. _________________________Notary Public


http://www.petrellilaw.com/divorce-forms/Slide25-Affidavit-of-Consent-Defendant.pdf

http://www.petrellilaw.com/divorce-forms/Slide25-Affidavit-of-Consent-Defendant.pdf


DID YOU COMPLETE SERVICE?

If you followed the directions properly, service has now been accomplished. If your spouse wishes to dispute this divorce (file an ANSWER AND COUNTERCLAIM), he/she only has 20 days from the date when the COMPLAINT and NOTICE TO DEFEND AND CLAIM RIGHTS have been served in order to contact the Court. Your spouse is welcome to take no action, which will not interfere with your filing.



NEXT STEPS BY THE DEFENDANT

� Next Steps by the Defendant (90-Day Waiting Period)

z There are two documents that were part of the SERVICE PACKAGE served on your spouse. They are the AFFIDAVIT OF CONSENT (DEFENDANT) and WAIVER OF NOTICE (DEFENDANT).

z The Defendant must wait 90 days from the date of service to sign the documents above in the presence of a Notary Public. A common mistake is the failure of either the Plaintiff or Defendant waiting 90 days. You may want to communicate with your spouse the first available date that he/she is able to sign these documents to avoid any missteps.

z Upon proper execution of these documents, the Defendant should mail the originals to you for eventual filing with the Court Clerk. You should communicate this to your spouse to avoid any missteps.

� IMPORTANT NOTE: It is critical that the Defendant immediately mail the AFFIDAVIT OF CONSENT (DEFENDANT) and WAIVER OF NOTICE (DEFENDANT). The next steps are time sensitive.



NEXT STEPS BY YOU – THE PLAINTIFF

� Next Steps by You – the Plaintiff (90-Day Waiting Period)

There are two documents as part of these instructions for SERVICE PACKAGE that require your signature. They are the AFFIDAVIT OF CONSENT (PLAINTIFF) and WAIVER OF NOTICE (PLAINTIFF).

You must wait 90 days from the date of service to sign these in the presence of a Notary Public. A common mistake is the failure of ei-ther the Plaintiff or Defendant not waiting 90 days.

After execution of these documents, set them aside for eventual filing with the Prothonotary and wait for documents from the Defendant.



DECREE PACKAGE

� You should now have the signed and/or Notarized originals of:

z AFFIDAVITS OF CONSENT (FOR DEFENDANT and PLAINTIFF)

z WAIVERS OF NOTICE (FOR DEFENDANT and PLAINTIFF).

z Proof of Service documents (showing the Defendant was properly served the COMPLAINT and NOTICE TO DEFEND AND CLAIM RIGHTS)

z Any other documents your Court may require

� These documents make up the divorce DECREE PACKAGE.

� Make two copies of the DECREE PACKAGE. Mail one set to your spouse and keep one copy for your records.

� The DECREE PACKAGE is ready to be filed with the Court; HOWEVER, a few extra steps must be completed BEFORE it is filed AND the file date must occur within 30 days of the AFFIDAVIT OF CONSENTS being signed.

� Carefully read the following instructions then proceed. This is extremely time sensitive.



FINAL DOCUMENTS

� The following are the Final Documents that you will need:

z NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT RECORD

z PRAECIPE TO TRANSMIT RECORD

z NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE

z PRAECIPE FOR ENTRY OF DIVORCE DECREE

z COUNTER-AFFIDAVIT UNDER SECTION 3301(C)

z DIVORCE DECREE

z AFFIDAVIT OF SERVICE (extra blank form) (find your extra copies or make/print extra copies at this time; you will need two blank copies of this document for this section)

� In summary, you have performed all the necessary steps of initiating the divorce action, serving your spouse and providing him/her with proper notices, etc. However, you are required by Pennsylvania law to complete the following steps to give your spouse a final chance to dispute any of the claims in the divorce action.

� If your spouse and you each sign a Waiver of Notice, there is no need to send your spouse the Notice of Intent to File Praecipe to Transmit Record or the Notice of Intention to Request Entry of Divorce Decree.

� Instead of filing the Notices, you should file the signed Waivers of Notice as part of the Decree Package that you file, which is described below.

� Sample Waivers of Notice are included on the next page.





WAIVER OF NOTICE OF INTENTION TO REQUESTENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D)

To the Prothonotary: 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property. Lawyer’s fee or expenses if I do not

claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree

will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unsworn falsification to authorities.

_________________________ _________________________DATE HERE PLAINTIFF - TYPE YOUR NAME HERE AND SIGN ABOVE



WAIVER OF NOTICE OF INTENTION TO REQUESTENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D)

To the Prothonotary: 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property. Lawyer’s fee or expenses if I do not

claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree

will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unsworn falsification to authorities.

_________________________ _________________________DATE HERE DEFENDANT - TYPE YOUR NAME HERE AND SIGN ABOVE

SAMPLE WAIVER OF NOTICE OF INTENTIONTO REQUEST ENTRY OF A DIVORCE DECREE

SAMPLE WAIVERS OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE


http://www.petrellilaw.com/divorce-forms/Slide31-Waiver-of-Notice-Defendant.pdf

http://www.petrellilaw.com/divorce-forms/Slide31-Waiver-of-Notice-Plaintiff.pdf


NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT THE RECORD

SAMPLE NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT THE RECORD

� The purpose of the PRAECIPE TO TRANSMIT RECORD (on the following page) is to prove to the Court that you have followed the divorce process properly and that you now request the Court Clerk to move the divorce action to a Judge.

� NOTE: There are several blank spaces for dates in this document. You must complete the blanks properly with the correct dates that you have recorded throughout the process.

� NOTE: You must give the Defendant at least 10 days notice before you file the PRAECIPE TO TRANSMIT RECORD. This is the purpose of the NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT RECORD.

� There are two blank spaces for dates in the NOTICE:

Record the dates!

______________ Date that you sign the NOTICE (for simplicity, wait to sign and date this document when you are ready to mail it)

______________ Add 14 calendar days to the Date above. This date is inserted into the other blank space in the NOTICE.

(The Defendant has 10 days to respond when he/she receives the NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT RECORD. Calculating 14 days provides extra time for mailing.)



NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT THE RECORD TO: INSERT SPOUSE’S NAME (Opposing Party) Pursuant to Local Rules of INSERT NAME OF COUNTY County please be advised that I plan to file with the Office of the Prothonotary a Praecipe to Transmit the Record with attended documents on ______________________ (date). Exact copies of the Praecipe and the proposed Final Decree are enclosed herewith. After the Praecipe and proposed Final Decree are filed, you will have a period of ten (10) days during which you may file objections to the entry of the Final Decree based upon this Praecipe. If you dispute any of the information on the Praecipe or the Final Decree, you must act within that ten-day period. Any objections must be filed in writing with the Office of the Prothonotary. If no objections are filed before the expiration of the ten-day period, this case will be submitted to the Court for entry of the Final Decree.

_________________________ _________________________DATE OF MAILING HERE PLAINTIFF - TYPE YOUR NAME HERE AND SIGN ABOVE


http://www.petrellilaw.com/divorce-forms/Slide32-Notice-of-Intent-Plaintiff.pdf

http://www.petrellilaw.com/divorce-forms/Slide32-Notice-of-Intent-Plaintiff.pdf


PRAECIPE TO TRANSMIT THE RECORD



PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree:1. Ground for divorce: Mutual Consent, plus 90 days under §3301(c) of the Divorce Code. 2. (a) Date complaint filed: _____________________ (b) Date of service: _________________________ Manner of service: ____Certified mail, restricted delivery to and return receipt signed by Defendant. ____First-class mail - not returned, certified mail refused, 15 days have elapsed. Date of mailing: ________ Date certified mail refused:________________ ____Personal service by Sheriff and/or Deputy Sheriff ____Personal service by competent adult other than Sheriff (Affidavit attached) ____Acceptance of service (Copy attached) ____By publication pursuant to Order of Court (Copy of Order attached). 3. Complete (a) or (b) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code by Plaintiff:

_____________________ Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code by Defendant: _____________________ (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: _____________________

Date of filing and service of affidavit required by § 3301(d) of the Divorce Code upon the Defendant: _____________________

4. Related claims pending: (a) ____ ____ A written property settlement agreement resolving all economic and property issues between

these parties was executed on _____________________ (date) and filed with the court on _____________________ (date).

(b) _________ A property settlement agreement was not written or executed as there are no economic or property issues raised by either party.

5. Complete (a) or (b) (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is

attached:______________________________________ (date) ___________________________________________________________________ ___________________________________________________________________ (b) Date Plaintiff’s Waiver of Notice was filed with the Prothonotary: _______________ Date Defendant’s Waiver of Notice was filed with Prothonotary: ________________

Verification

I verify that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unsworn falsification to authorities.

_________________________ _________________________Date Plaintiff TYPE YOUR NAME HERE AND SIGN ABOVE

SAMPLE PRAECIPE TO TRANSMIT THE RECORD


http://www.petrellilaw.com/divorce-forms/Slide33-Praecipe-to-Transmit-Record.pdf


NOTICE OF INTENT TO REQUEST ENTRY OF SECTION 3301(C) DIVORCE DECREE

SAMPLE NOTICE OF INTENT TO REQUEST ENTRY OF SECTION 3301(C) DIVORCE DECREE



NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(C) DIVORCE DECREE To: INSERT SPOUSE’S NAME, Defendant You have signed an affidavit consenting to the entry of a divorce decree. Therefore on or after _____________________ (date), the other party can request the Court to enter a final decree in divorce.Unless you have already filed with the Court a written claim for economic relief, you must do so by the day in the paragraph above, or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Adams Co., Gettysburg: (717) 334-6781 Lackawanna Co., Scranton: (570) 969-9600Allegheny Co., Pittsburgh: (412) 261-0518 Lancaster Co., Lancaster: (717) 393-0737Armstrong Co., Kittanning: 724-548-3251 Lawrence Co., New Castle: (724) 656-2143Beaver Co., Beaver: (412) 728-4888 Lebanon Co., Lebanon: (717) 274-2801Bedford Co., Bedford: 814-623-4833 Lehigh Co., Allentown: (610) 433-7094Berks Co., Reading: (610) 375-4591 Luzerne Co., Wilkes-Barre: (717) 822-6712Blair Co., Hollidaysburg: (814) 693-3090 Lycoming Co., Williamsport: (570) 327-2251Bradford Co., Towanda: (570) 265-1705 McKean Co., Smethport: (814) 887-3270Bucks Co., Doylestown: (215) 348-9413 Mercer Co., Mercer: (724) 342-3111Butler Co., Butler: (724) 284-5214 Mifflin Co., Lewistown: (717) 248-8146Cambria Co., Ebensburg: (814) 472-1636 Monroe Co., Stroudsburg: (570) 424-7288Cameron Co., Emporium: (814) 468-3355 Montgomery Co., Norristown: (610) 279-9660Carbon Co., Jim Thorpe: (570) 325-2481 Montour Co., Danville: (570) 271-3010Centre Co., Bellefonte: (814) 355-6796 Northampton Co., Easton: (610) 258-6333Chester Co., West Chester: (610) 429-1500 Northumberland Co., Sunbury: (570) 988-4151Clarion Co., Clarion: (814) 226-1119 Perry Co., New Bloomfield: (717) 582-2131Clearfield Co., Clearfield: (814) 765-2641 Philadelphia Co., Philadelphia: (215) 238-1701Clinton Co., Loch Haven: (570) 893-4007 Pike Co., Milford: (570) 296-7231Columbia Co., Bloomsburg: (570) 389-5600 Potter Co., Coudersport: (814) 274-9740Crawford Co., Media: (814) 333-7324 Schuylkill Co., Pottsville: (570) 628-1270


http://www.petrellilaw.com/divorce-forms/Slide34-Notice-of-Intention-of-Section-3301(C)-Divorce.pdf


PRAECIPE FOR ENTRY OF DIVORCE DECREE

SAMPLE PRAECIPE FOR ENTRY OF DIVORCE DECREE



PRAECIPE FOR ENTRY OF DIVORCE DECREE To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree:

1. An Order approving irretrievable breakdown under § 3301(c) and/or 3301(d) of the Divorce Code as the grounds for divorce was entered by this Honorable Court on ________ __, 20__.

2. More than twenty (20) days have passed since the entry of the Order.

3. No claims for equitable distribution, alimony, counsel fees, costs and expenses or other economic relief are outstanding.

_________________________ _________________________DATE HERE PLAINTIFF - TYPE YOUR NAME HERE AND SIGN ABOVE


http://www.petrellilaw.com/divorce-forms/Slide35-Praecipe-for-Entry-of-Divorce-Decree.pdf


COUNTER-AFFIDAVIT UNDER SECTION 3301(C) OF THE DIVORCE CODE

SAMPLE COUNTER-AFFIDAVIT UNDER SECTION 3301(C) OF THE DIVORCE CODE



COUNTER-AFFIDAVIT UNDERSECTION 3301(C) OF THE DIVORCE CODE

I wish to claim economic relief which may include alimony, division of property, lawyer’s fees or expenses or other important rights. I understand that I must file my economic claims with the Clerk of the Family Court in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities.

_________________________ _________________________DATE OF MAILING HERE DEFENDANT - TYPE YOUR NAME HERE AND SIGN ABOVE NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF. YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.

Important: Make a note to your spouse regarding this document. If the Defendant wishes to dispute the claims made in this divorce action, he/she should file the COUNTER-AFFIDAVIT with the Court and seek legal assistance immediately.


http://www.petrellilaw.com/divorce-forms/Slide36-Counter-Affidavit-Under-Section-3301(C).pdf




DIVORCE DECREE AND NOW, this day of , , the Court, by virtue of the authority vested in it by law, decrees that INSERT YOUR NAME HERE and INSERT SPOUSE’S NAME are hereby divorced from the bonds of matrimony, and all the duties, rights and claims accord to either of the said parties at any time heretofore, in pursuance of said marriage, shall henceforth cease and determine, and the said parties shall severally be at liberty to marry again as if they had never been married. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. BY THE COURT: _________________________

DIVORCE DECREE

SAMPLE DIVORCE DECREE

� Review the prepared SAMPLE DIVORCE DECREE.

� Do not sign the DIVORCE DECREE. It is for the Judge to sign.

� Complete the red spaces.


http://www.petrellilaw.com/divorce-forms/Slide37-Divorce-Decree.pdf


FINALIZING THE DECREE PACKAGE

� Make two copies of all of these documents before performing the next steps. These extra copies are for you and the Defendant.

� Staple together the following original documents with the DECREE on top: z DIVORCE DECREE z (You should also do this with the copies.)

� Staple together the following original documents with the NOTICE on top: z NOTICE OF INTENTION TO REQUEST ENTRY OF

DIVORCE DECREE z PRAECIPE FOR ENTRY OF DIVORCE DECREE z COUNTER-AFFIDAVIT UNDER 3301(C) z (You should also do this with the copies.)

� Staple together the following original documents with the PRAECIPE on top: z PRAECIPE TO TRANSMIT RECORD z (You should also do this with the copies.)

� Locate the two blank copies of the AFFIDAVIT OF SERVICE. z Prepare one to show that the Defendant will receive the

NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD by “certified return receipt, restricted delivery to addressee only”.

z Prepare the second one to show that the Defendant will receive NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE (with COUNTER-AFFIDAVIT attached) by “certified return receipt, restricted delivery to addressee only”.

� Mail to your spouse by “certified return receipt, restricted delivery to addressee only” the following: z Copy of NOTICE OF INTENT TO FILE PRAECIPE TO

TRANSMIT RECORD z Copy of PRAECIPE TO TRANSMIT RECORD z Copy of NOTICE OF INTENTION TO REQUEST ENTRY

OF DIVORCE DECREE and PRAECIPE FOR ENTRY OF DIVORCE DECREE with COUNTER AFFIDAVIT attached

z Copy of the proposed DIVORCE DECREE with PROPERTY SETTLEMENT AGREEMENT attached

� Your spouse now has 10 days in which to respond to the Court concerning your NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT RECORD.

� Within several days, you should receive the green return receipt card in the mail signed by the Defendant. Attach this to the two prepared AFFIDAVITS OF SERVICE which you prepared prior to the mailing. Sign the AFFIDAVITS. Set these aside as this set of documents will be part of your final filing



FILING THE DECREE PACKAGE

� You cannot file the DECREE PACKAGE until after the 10 day period has expired!!! This is the first available date you can file your final documents.

� This date also must be within the 30-day window following the signing of yours and the Defendant’s AFFIDAVITS OF CONSENT.

� File the following documents with the Prothonotary's Office:

z DECREE PACKAGE (the signed/notarized AFFIDAVITS OF CONSENT, WAIVERS, Proof of Service, and any other document required by your Court)

z Original PRAECIPE TO TRANSMIT RECORD

z Original proposed DIVORCE DECREE with PROPERTY SETTLEMENT AGREEMENT attached

z Original NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT RECORD

z Original NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE and PRAECIPE FOR ENTRY OF DIVORCE DECREE with COUNTER-AFFIDAVIT UNDER 3301(C) attached

z The two most recent AFFIDAVITS OF SERVICE with green return mail receipt attached

z Most Courts require that you also provide two self-addressed stamped envelopes; one for you and one for your spouse

� The Prothonotary's Office will send all required documents to the Court, and your divorce will be reviewed by a Judge when your case comes up on the Court docket. This may take some time. If everything is in order, the Judge will sign the decree. When the decree is entered by the Prothonotary's Office, your divorce is final and you will receive a copy of your divorce decree in the mail.


Petrelli Law, P.C. | 1845 Walnut Street, Suite 1600 | Philadelphia, PA 19103 | Direct : (215) 523-6900