Do-it-Yourself DIVORCE

Transcription

Petrelli Law, P.C.
1845 Walnut Street, Suite 1600,
Philadelphia, PA 19103
Direct : (215) 523-6900
Do-it-Yourself Divorce
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.
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.
TABLE OF CONTENT
Synopsis of the Divorce process 3
Sample with directions for filling out affidavit of signature 23
Warning 4
Affidavit of consent – plaintiff 24
Local rules 5
Affidavit of consent – defendant 25
What forms do I need to START? 6
DID you COMPLETE SERVICE? 26
Complaint in Divorce – 3301(c) 7
Next Steps by the Defendant 27
Complaint in Divorce – 3301(d) 8
Next Steps by You – the plaintiff 28
Verification - sample with directions 9
Decree package 29
Divorce information sheet 10
Final Documents 30
Affidavit of nonmilitary service 11
Notice to defend 12
Sample waiver of notice of intention to request entry of
a divorce decree 31
Counceling notice 13
Notice of intent to file praecipe to transmit the record 32
Domestic relations information sheet 14
Praecipe to transmit the record 33
Other documents 15
ASSEMBLING THE “Complaint Package” 16
FILING THE “Complaint Package” 17
HOW TO SERVE my COMPLAINT 18
Serving the SERVICE Package 20
Sample with directions for filling out acceptance of service 21
Sample with directions for filling out affidavit of service 22
Notice of intent to request entry of section 3301(c) divorce decree 34
Praecipe for entry of divorce decree 35
Counter-affidavit under section 3301(c) of the divorce code 36
Divorce decree 37
Finalizing the decree package 38
Filing the decree package 39
Step-by-step guide to filing for divorce in Pennsylvania
PAGE 2
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.
PAGE 3
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.
PAGE 4
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.
PAGE 5
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:
PAGE 6
COMPLAINT IN DIVORCE – 3301(C)
SAMPLE COMPLAINT – 3301 (c) – Consensual Divorce
IN THE COURT OF COMMON PLEAS OF INSERT NAME OF COUNTY COUNTY, PENNSYLVANIA
FAMILY 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
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.
_____________________________________
TYPE YOUR NAME HERE AND SIGN ABOVE
PAGE 7
COMPLAINT IN DIVORCE – 3301(D)
SAMPLE COMPLAINT – 3301 (d) – Irretrievable break down
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
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.
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.
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
_________________________________________
PAGE 8
VERIFICATION - SAMPLE WITH DIRECTIONS
SAMPLE VERIFICATION
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
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
SIGN ABOVE
_________________________________________
TYPE YOUR NAME HERE AND
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.
PAGE 9
DIVORCE INFORMATION SHEET
SAMPLE DIVORCE INFORMATION SHEET
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
Divorce Information Sheet
PLAINTIFF INFORMATION:
Name:
INSERT YOUR NAME HERE
Address:
INSERT YOUR ADDRESS
Phone Number:
INSERT YOUR PHONE NUMBER
Date of Birth: INSERT DATE OF BIRTH
Social Security No
: XXX-XX-_ _ _ NSERT 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.
DEFENDANT INFORMATION:
Name:
INSERT SPOUSE’S NAME
Address:
INSERT YOUR SPOUSE’S ADDRESS
Phone Number:
INSERT YOUR PHONE NUMBER
Date of Birth
: INSERT DATE OF BIRTH
Social Security No
: XXX-XX-_ _ INSERT LAST FOUR DIGITS OF YOUR SOCIAL SECURITY NUMBER
PAGE 10
AFFIDAVIT OF NONMILITARY SERVICE
SAMPLE AFFIDAVIT OF NONMILITARY SERVICE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
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 to
before me this __________ day
of ____________________, __________.
_________________________
Notary Public
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.
PAGE 11
NOTICE TO DEFEND
SAMPLE NOTICE TO DEFEND
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs.
: No. ______________
Defendant
:
: DIVORCE
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
Allegheny Co., Pittsburgh: (412) 261-0518
Armstrong Co., Kittanning: 724-548-3251
Beaver Co., Beaver: (412) 728-4888
Bedford Co., Bedford: 814-623-4833
Berks Co., Reading: (610) 375-4591
Blair Co., Hollidaysburg: (814) 693-3090
Bradford Co., Towanda: (570) 265-1705
Bucks Co., Doylestown: (215) 348-9413
Butler Co., Butler: (724) 284-5214
Cambria Co., Ebensburg: (814) 472-1636
Cameron Co., Emporium: (814) 468-3355
Carbon Co., Jim Thorpe: (570) 325-2481
Centre Co., Bellefonte: (814) 355-6796
Chester Co., West Chester: (610) 429-1500
Clarion Co., Clarion: (814) 226-1119
Clearfield Co., Clearfield: (814) 765-2641
Clinton Co., Loch Haven: (570) 893-4007
Columbia Co., Bloomsburg: (570) 389-5600
Crawford Co., Media: (814) 333-7324
Cumberland Co., Carlisle: (717) 249-3166
Dauphin Co., Harrisburg,: (717) 232-7536
Delaware Co., Media: (610) 566-6625
Elk Co., Ridgway: (814) 776-5344
Lackawanna Co., Scranton: (570) 969-9600
Lancaster Co., Lancaster: (717) 393-0737
Lawrence Co., New Castle: (724) 656-2143
Lebanon Co., Lebanon: (717) 274-2801
Lehigh Co., Allentown: (610) 433-7094
Luzerne Co., Wilkes-Barre: (717) 822-6712
Lycoming Co., Williamsport: (570) 327-2251
McKean Co., Smethport: (814) 887-3270
Mercer Co., Mercer: (724) 342-3111
Mifflin Co., Lewistown: (717) 248-8146
Monroe Co., Stroudsburg: (570) 424-7288
Montgomery Co., Norristown: (610) 279-9660
Montour Co., Danville: (570) 271-3010
Northampton Co., Easton: (610) 258-6333
Northumberland Co., Sunbury: (570) 988-4151
Perry Co., New Bloomfield: (717) 582-2131
Philadelphia Co., Philadelphia: (215) 238-1701
Pike Co., Milford: (570) 296-7231
Potter Co., Coudersport: (814) 274-9740
Schuylkill Co., Pottsville: (570) 628-1270
Snyder Co., Middleburg: (570) 837-4202
Somerset Co., Somerset: (814) 445-1428
Sullivan Co., Laporte: (570) 946-7351
Susquehanna Co., Montrose: (570) 278-4600
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.
PAGE 12
COUNCELING NOTICE
SAMPLE COUNSELING NOTICE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
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)
Sample Counseling notice must be signed and attached to the
original divorce complaint and the copy to be served on the
opposing party.
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
___________________________
PAGE 13
DOMESTIC RELATIONS INFORMATION SHEET
SAMPLE DOMESTIC RELATIONS INFORMATION SHEET (“DRIS”)
The DRIS must be filled out and filed with the original divorce complaint.
PAGE 14
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.
zz
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.
zz
Inquire with the Court Clerk if you need a certified copy of your MARRIAGE CERTIFICATE. Not all counties
require this documentation.
zz
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.
zz
If applicable, put the certified copy of your MARRIAGE CERTIFICATE aside for later use.
PAGE 15
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:
zz
NOTICE TO DEFEND AND CLAIM RIGHTS and COUNSELING NOTICE
zz
Original COMPLAINT plus the two copies of the COMPLAINT
zz
VERIFICATION
zz
Certified copy of MARRIAGE CERTIFICATE (if required)
zz
DOMESTIC RELATIONS INFORMATION SHEET
zz
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.
PAGE 16
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.
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:
zz
Make sure that the case number and time stamp is written
in the corresponding blanks on all the other documents you
are filing
zz
Make sure that you receive back the two "filed" copies of the
COMPLAINT (with the case number on each)
zz
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)
zz
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
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
PAGE 17
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 Philadelphia 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 return 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.
PAGE 18
HOW TO SERVE MY COMPLAINT
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.
The notice of service of process by publication must contain the following elements:
zz
The court and title of the action;
zz
The name of the person to be served;
zz
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;
zz
Must state the nature of the relief being sought;
zz
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
zz
Must be signed by the serving party and give the contact information for the serving
party
zz
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.
PAGE 19
SERVING THE SERVICE PACKAGE

Documents to be Served to Your Spouse (the Defendant)

Gather the following documents (found after this page) in this order:
zz
AFFIDAVIT OF CONSENT (FOR DEFENDANT)
zz
WAIVER OF NOTICE (FOR DEFENDANT)
zz
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”
PAGE 20
SAMPLE WITH DIRECTIONS FOR FILLING
OUT ACCEPTANCE OF SERVICE
SAMPLE ACCEPTANCE OF SERVICE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
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 is
PERSONALLY SERVING YOUR SPOUSE. THIS PERSON
CAN NOT BE THE PLAINTIFF OF THIS ACTION. IT MUST _________________________________________
A THIRD PARTY OVER THE AGE OF 18 YEARS OF AGE.
__________________________________________
__________________________________________
Directions for Filling out Acceptance of Service
1. 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.
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.
of ____________________, __________.
_________________________
Notary Public
PAGE 21
SAMPLE WITH DIRECTIONS FOR FILLING
OUT AFFIDAVIT OF SERVICE
SAMPLE AFFIDAVIT OF SERVICE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
AFFIDAVIT OF SERVICE
INSERT YOUR NAME HERE, after being duly cautioned and sworn, deposed and says that in regard to the abovecaptioned 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 is
PERSONALLY SERVING YOUR SPOUSE. THIS PERSON
CAN 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
Directions for Filling out Affidavit of Service
4. enter the date;
5. Plaintiff must sign the form in front of a Notary Public;
of ____________________, __________.
_________________________
Notary Public
PAGE 22
SAMPLE WITH DIRECTIONS FOR FILLING OUT
AFFIDAVIT OF SIGNATURE
SAMPLE AFFIDAVIT OF SIGNATURE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
Directions for Filling out Affidavit of Signature
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
4. enter the date;
5. Plaintiff must sign the form in front of a Notary Public;
of ____________________, __________.
7. Exhibit “A,” must be attached.
_________________________
Notary Public
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.
PAGE 23
AFFIDAVIT OF CONSENT - PLAINTIFF
SAMPLE AFFIDAVIT OF CONSENT - PLAINTIFF
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
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.
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
of ____________________, __________.
_________________________
Notary Public
_________________________
PLAINTIFF - TYPE YOUR NAME HERE AND SIGN ABOVE
PAGE 24
AFFIDAVIT OF CONSENT - DEFENDANT
SAMPLE AFFIDAVIT OF CONSENT - DEFENDANT
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
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
Affidavit of Consent - Defendant

Prepare and mail Defendant’s Affidavit of Consent as follows:
zz
Fill out the caption.
zz
Type in the date the Complaint was filed and the date the
Complaint was served.
zz
Type in your spouse’s (the Defendant’s) full name followed
by “Defendant” under the signature line.
zz
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.
zz
Make sure to include a self-addressed stamped envelope so
your spouse can mail it back to you after she or he signs it.
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
of ____________________, __________.
_________________________
DEFENDANT - TYPE YOUR NAME HERE AND SIGN ABOVE
_________________________
Notary Public
PAGE 25
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.
PAGE 26
NEXT STEPS BY THE DEFENDANT

Next Steps by the Defendant (90-Day Waiting Period)
zz
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).
zz
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.
zz
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.
PAGE 27
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 either 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.
PAGE 28
DECREE PACKAGE

You should now have the signed and/or Notarized originals of:
zz
AFFIDAVITS OF CONSENT (FOR DEFENDANT and PLAINTIFF)
zz
WAIVERS OF NOTICE (FOR DEFENDANT and PLAINTIFF).
zz
Proof of Service documents (showing the Defendant was properly served the COMPLAINT and NOTICE TO DEFEND AND
CLAIM RIGHTS)
zz
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.
PAGE 29
FINAL DOCUMENTS

The following are the Final Documents that you will need:
zz
NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT RECORD
zz
PRAECIPE TO TRANSMIT RECORD
zz
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
zz
PRAECIPE FOR ENTRY OF DIVORCE DECREE
zz
COUNTER-AFFIDAVIT UNDER SECTION 3301(C)
zz
DIVORCE DECREE
zz
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.
PAGE 30
SAMPLE WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
SAMPLE WAIVERS OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant:
: DIVORCE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant
:
: DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY 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
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
_________________________
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D)
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
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.
_________________________
DATE HERE
_________________________
PAGE 31
NOTICE OF INTENT TO FILE PRAECIPE TO
TRANSMIT THE RECORD
SAMPLE NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT THE RECORD
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant:
: DIVORCE

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:
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 _________________________
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.)
PAGE 32
PRAECIPE TO TRANSMIT THE RECORD
SAMPLE PRAECIPE TO TRANSMIT THE RECORD
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant:
: DIVORCE
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.
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:
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
_________________________
Date
_________________________
Plaintiff TYPE YOUR NAME HERE AND SIGN ABOVE
_____________________
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: _____________________
PAGE 33
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
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs.
: No. ______________
Defendant:
: DIVORCE
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
Allegheny Co., Pittsburgh: (412) 261-0518
Armstrong Co., Kittanning: 724-548-3251
Beaver Co., Beaver: (412) 728-4888
Bedford Co., Bedford: 814-623-4833
Berks Co., Reading: (610) 375-4591
Blair Co., Hollidaysburg: (814) 693-3090
Bradford Co., Towanda: (570) 265-1705
Bucks Co., Doylestown: (215) 348-9413
Butler Co., Butler: (724) 284-5214
Cambria Co., Ebensburg: (814) 472-1636
Cameron Co., Emporium: (814) 468-3355
Carbon Co., Jim Thorpe: (570) 325-2481
Centre Co., Bellefonte: (814) 355-6796
Chester Co., West Chester: (610) 429-1500
Clarion Co., Clarion: (814) 226-1119
Clearfield Co., Clearfield: (814) 765-2641
Clinton Co., Loch Haven: (570) 893-4007
Columbia Co., Bloomsburg: (570) 389-5600
Crawford Co., Media: (814) 333-7324
Lackawanna Co., Scranton: (570) 969-9600
Lancaster Co., Lancaster: (717) 393-0737
Lawrence Co., New Castle: (724) 656-2143
Lebanon Co., Lebanon: (717) 274-2801
Lehigh Co., Allentown: (610) 433-7094
Luzerne Co., Wilkes-Barre: (717) 822-6712
Lycoming Co., Williamsport: (570) 327-2251
McKean Co., Smethport: (814) 887-3270
Mercer Co., Mercer: (724) 342-3111
Mifflin Co., Lewistown: (717) 248-8146
Monroe Co., Stroudsburg: (570) 424-7288
Montgomery Co., Norristown: (610) 279-9660
Montour Co., Danville: (570) 271-3010
Northampton Co., Easton: (610) 258-6333
Northumberland Co., Sunbury: (570) 988-4151
Perry Co., New Bloomfield: (717) 582-2131
Philadelphia Co., Philadelphia: (215) 238-1701
Pike Co., Milford: (570) 296-7231
Potter Co., Coudersport: (814) 274-9740
Schuylkill Co., Pottsville: (570) 628-1270
PAGE 34
SAMPLE PRAECIPE FOR ENTRY OF DIVORCE DECREE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant:
: DIVORCE
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
_________________________
PAGE 35
COUNTER-AFFIDAVIT UNDER SECTION 3301(C)
OF THE DIVORCE CODE
SAMPLE COUNTER-AFFIDAVIT UNDER SECTION 3301(C) OF THE DIVORCE CODE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant:
: DIVORCE
COUNTER-AFFIDAVIT UNDER
SECTION 3301(C) OF THE DIVORCE CODE
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.
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 _________________________
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.
PAGE 36
DIVORCE DECREE
SAMPLE DIVORCE DECREE
FAMILY DIVISION
INSERT YOUR NAME:
Plaintiff:
:
vs. : No. ______________
Defendant:
: DIVORCE
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.
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:
_________________________
PAGE 37
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:

zz
DIVORCE DECREE
zz
(You should also do this with the copies.)
zz

NOTICE on top:
zz
NOTICE OF INTENTION TO REQUEST ENTRY OF
DIVORCE DECREE
zz
zz
COUNTER-AFFIDAVIT UNDER 3301(C)
zz
PRAECIPE on top:
zz
zz
Locate the two blank copies of the AFFIDAVIT OF SERVICE.
zz
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”.
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:
zz
Copy of NOTICE OF INTENT TO FILE PRAECIPE TO
TRANSMIT RECORD
zz
Copy of PRAECIPE TO TRANSMIT RECORD
zz
Copy of NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE and PRAECIPE FOR ENTRY OF
DIVORCE DECREE with COUNTER AFFIDAVIT attached
zz
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
PAGE 38
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:
zz
DECREE PACKAGE (the signed/notarized AFFIDAVITS
OF CONSENT, WAIVERS, Proof of Service, and any other
document required by your Court)
zz
Original PRAECIPE TO TRANSMIT RECORD
zz
Original proposed DIVORCE DECREE with PROPERTY
SETTLEMENT AGREEMENT attached
zz
Original NOTICE OF INTENT TO FILE PRAECIPE TO
TRANSMIT RECORD
zz
Original NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE and PRAECIPE FOR ENTRY OF
DIVORCE DECREE with COUNTER-AFFIDAVIT UNDER
3301(C) attached

zz
The two most recent AFFIDAVITS OF SERVICE with green
return mail receipt attached
zz
Most Courts require that you also provide two selfaddressed 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.
PAGE 39
Petrelli Law, P.C. | 1845 Walnut Street, Suite 1600 | Philadelphia, PA 19103 | Direct : (215) 523-6900