Filing No Fault Divorce in Pennsylvania

Overview of no fault divorce in Pennsylvania.

Pennsylvania law provides for two different types of no fault divorces. First, a couple can seek a no fault divorce by mutual consent. Second, a spouse can seek a no fault divorce on her own, provided she meets certain statutory requirements. The spouse must demonstrate that the marriage is irretrievably broken, that the couple cannot live together as husband and wife and there is no reasonable prospect for reconciliation. The spouse must also swear in an affidavit that the couple has lived apart for two or more years.

Things You'll Need

• Complaint for divorce
• Affidavit of separate residence

Instructions

1. Obtain a complaint for no fault divorce form from the clerk of the court of common pleas in the county where either you or your spouse reside. Pennsylvania court clerks maintain standard forms, including a complaint for divorce, for people seeking a divorce without attorney representation.

2. Complete the form with your spouse if you seek a no fault divorce by mutual consent. The court clerk provides instructions to assist in preparing the form. The complaint requires basic information about you and your spouse, your marriage and any children born during the marriage.

3. Fill out the affidavit of separate residence if you are seeking a no fault divorce on your own and not one by mutual consent. The affidavit requires you to state under oath that you and your spouse lived separately for at least two years prior to the date you file for divorce, pursuant to Pennsylvania law.

4. Execute the affidavit in front of a notary public. Neither version of the divorce complaint must be signed in front of a notary public.

5. File the mutual consent complaint for no fault divorce or the complaint for no fault divorce with the separate residence affidavit with the court clerk.

6. Pay the filing fee. The filing fee varies from one Pennsylvania court of common pleas to another. Therefore, obtain filing fee information from the clerk of that court.

Tips & Warnings

• Pennsylvania divorce law and procedure are legally complex. Consider retaining the services of an experienced attorney to represent you, even in a no fault case. The Pennsylvania Bar Association maintains a directory of attorneys in different practice areas, including divorce law. Contact the organization at:

• Pennsylvania Bar Association

• 100 South St.

• Harrisburg, PA 17101

• 800-932-0311

• pabar.org

References

• Divorce Source: Pennsylvania Divorce Laws
• Divorce Law Info: Pennsylvania Divorce Law
• DivorceNet.com Pennsylvania Divorce

Resources

• Pennsylvania Bar Association