How to File an Uncontested Divorce in Pennsylvania
If you live in the Commonwealth of Pennsylvania and are looking to dissolve your marriage, you might be able to circumvent the lengthy and costly trial process altogether. If both you and your spouse agree to end your marriage, share no custody of minor children and have no disputes regarding the allocation of assets or debt, then you can file an uncontested divorce, also known as a no-fault divorce.
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Instructions
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Ensure that you qualify to file for divorce in Pennsylvania. To qualify, you or your spouse must have been living in the commonwealth for at least six months.
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Obtain a copy of a complaint for divorce. These are available for a minimal fee through many legal-related websites. You can also hire an attorney to draft one for you.
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Fill out the form with all the necessary information including you and your spouse's names, your addresses and the lengths of time you all have lived within Pennsylvania.
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Specify the grounds for your no-fault divorce. For such a divorce, the reason cited is usually that the relationship is irretrievably broken.
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File the complaint with the Court of Common Pleas. Along with the form, you will need to submit a payment to cover the cost of the filing fee. This fee will vary from jurisdiction to jurisdiction.
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Wait 90 days unless you and your spouse have been living apart for at least two years. Under Pennsylvania law, a court will likely force you to wait about three months before granting a divorce to see if the relationship has hope of being reconciled. Counseling may also be ordered by the court in some circumstances.
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Sign a 3301(c) affidavit available from the court clerk where the divorce complaint was filed. Both parties must sign the affidavit, which confirms that the marriage is beyond reconciling.
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References
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