how to file for divorce without a lawyer in pa

by Prof. Gonzalo Krajcik 5 min read

  • Find the court forms. In Pennsylvania, do it yourself divorce papers can be found on the Web on various resources. ...
  • Choose the right documents for your case. Check the forms for uncontested cases, open and read the contents of each paper, and determine which ones are suitable for your situation.
  • Complete the paperwork. Carefully read each question in every form you need to fill out and answer it fully and truthfully. ...
  • Print and file the papers. Make copies of all documents and sign them in respective fields. ...

Do I need a lawyer for an uncontested divorce in Pennsylvania?

The do-it-yourself solution is ideal for an uncontested divorce in Pennsylvania, where you do not require a lawyer. You can simply complete all the requisite forms and print them out instantly, including the marital settlement agreement. You can then follow the requisite procedures and file your divorce quickly and without any hassles.

How to file for a divorce in Pennsylvania?

How to File a Divorce in Pennsylvania. You begin the procedure by filing a Complaint in Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children.

How do I qualify for a no-fault divorce in Pennsylvania?

To qualify for a no-fault separation divorce in Pennsylvania, you must meet the following criteria: The marriage is irretrievably broken; The parties have lived separate and apart for at least one (1) year; and There are no unresolved financial issues between the parties

Who is the plaintiff in a divorce in PA?

The spouse that begins the divorce process by completing the complaint is referred to as the plaintiff and the other is referred to as the defendant. For a divorce in Pennsylvania, your spouse or you must have resided in the state at least 6 months before applying for a divorce.

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Can I file for divorce on my own in PA?

TO START a divorce in Pennsylvania, one or both of the spouses must have lived in Pennsylvania for at least the past six months. The person who is asking for the divorce (the plaintiff) files a complaint that tells the court why he or she should get a divorce from his or her spouse (the defendant).

Can you divorce without a lawyer in Pennsylvania?

You don't need to hire a lawyer to get a mutual consent divorce in Pennsylvania and you can represent yourself during the process. Spouses can try to handle everything themselves or use an online service that eases the process.

How much does it cost to file divorce papers in PA?

Pursuing an uncontested or mutual consent divorce in Pennsylvania without hiring an attorney is the cheapest route. You can expect approximately a $300 fee to file your divorce papers. There can be an additional cost between $150 and $1,500 in case you use the support of an online service.

How long does a uncontested divorce take in PA?

The typical time for a 3301(c) Pennsylvania uncontested divorce, from the date of filing to the court granting a divorce decree is 3.5-4 months for PREMIUM service, 4-5 months for FAST service, and 5-6 months for NORMAL service.

Can I file for divorce online in PA?

No Fault No Blame The easiest way to complete a do it yourself divorce is to use an online site such as completecase.com. The site uses forms that are specific to the state in which you are filing for divorce, in this case Pennsylvania. Those forms allow the do it yourself divorce to proceed smoothly.

How long do you have to be separated to be automatically divorced?

Two Years SeparationDivorce After Two Years Separation There is no such thing as an “automatic” divorce. You can apply for divorce on a number of grounds, two of those are based on separation of two years or more.

Who pays for a divorce in PA?

Generally speaking, you're on your own for your legal fees. In certain cases wherein one party has a very good income and the other party is low or no income, it is possible to ask the Court to have the well-to-do party pay the other's legal fees.

Can you get free divorce?

With your court fees covered, DIY is the only method of obtaining a free divorce, but it's only viable if you and your spouse agree to the divorce and the reasons why you're getting one.

What is a wife entitled to in a divorce in Pennsylvania?

Contributions of one spouse to the other's education. Future earning capability of each spouse. Income of both parties, including medical insurance and retirement benefits. Contribution of each spouse to the marriage, including income and homemaking.

Is 1 year separation mandatory for divorce?

For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.

Does Pa require separation before divorce?

There is a One-Year Waiting Period For Filing for a No-Fault Divorce. If a couple is seeking a divorce without establishing grounds for fault (discussed further below), then Pennsylvania law imposes a one-year waiting period from the time of separation before either spouse can file for divorce.

How can I get a simple divorce in PA?

Here is a general outline of the steps you need to follow in an uncontested divorce in Pennsylvania:Meet Residency Requirements. ... Gather Information. ... Complete the Initial Divorce Forms. ... File Your Paperwork with the Court. ... Pay Your Filing Fees. ... Serve Your Spouse with Divorce Papers. ... Filing a Response. ... If You Have Children.More items...

2. Divorce in PA in 2021: The Essential & Definitive Legal Guide

Yes, absolutely. In Pennsylvania, filing for divorce as a do-it-yourself process (called ‘pro se’) is a 3-step process with strict deadlines (4) …

8. Steps to an Uncontested Divorce in Pennsylvania

Aug 10, 2021 — Do I need a lawyer to get a divorce in Pennsylvania? No. Many people choose to work through divorce without the services of an attorney. This (24) …

9. DIVORCE IN PHILADELPHIA COUNTY

In Philadelphia, a divorce complaint is filed with the Clerk of Family. Court at 1501 Arch Street, 11th Fl. Philadelphia, PA. What is the cost? The filing fee (27) …

How to get divorce in Pennsylvania?

The third way to get a divorce in Pennsylvania is when the plaintiff states that the defendant is the cause for the failure of their marriage in the divorce complaint. The law of Pennsylvania State recognizes that certain grounds or marital problems validate a divorce. However, using grounds makes it necessary that you hire a lawyer to handle the divorce proceedings.

How long do you have to be a resident of Pennsylvania to get an uncontested divorce?

For an uncontested divorce in Pennsylvania, all you require is that you or your spouse should have been a resident of Pennsylvania for a period of 6 months or more.

What is APL in divorce?

APL basically gives both the spouses an equal opportunity to defend, litigate and maintain the divorce action. APL cannot be also granted along with spousal support.

What is an uncontested divorce in Pennsylvania?

An uncontested divorce in Pennsylvania means that there’s no dispute between your spouse and you regarding the various issues pertaining to the divorce i .e. property division, child custody and support, spousal support, alimony, etc.

What is the divorce process in Pennsylvania?

Requirements for Divorce in Pennsylvania. In Pennsylvania, the divorce process is usually started by a “complaint” document. The spouse that begins the divorce process by completing the complaint is referred to as the plaintiff and the other is referred to as the defendant. For a divorce in Pennsylvania, your spouse or you must have resided in ...

How long do you have to be separated to file for divorce?

In the case that your spouse or you want a divorce and the other does not, then the plaintiff can go ahead with the divorce process even without the consent of the other person, if both of you have been separated for a period of at least 2 years before you can file for divorce.

What happens if you divorce your spouse in Pennsylvania?

In the case of a Pennsylvania contested divorce, if your spouse and you are unable to come to an agreement on issues such as division of marital property, child custody and support, alimony, etc., then both your spouse and you will have to hire attorneys who will present your case before the county court.

How to file for divorce in Pennsylvania without an attorney?

Start by preparing your uncontested divorce forms online using Pennsylvania Online Divorce and get a ready-to-file document package in 2 business days.

How long does it take to get divorce in Pennsylvania?

After the mandatory waiting period (the time within which the defendant must file a response), which is 90 days in Pennsylvania, the parties shall submit the consent forms. If the judge approves the couple's arrangements, the divorce is granted.

Does Pennsylvania accept divorce forms?

The Judicial System of Pennsylvania recognizes the divorce forms provided by PennsylvaniaOnlineDivorce.com. Therefore, we can guarantee that the court will accept the forms. This makes do-it-yourself divorce combined with online divorce the most efficient and safe way to prepare for the divorce procedure.

How long do you have to serve divorce papers in Pennsylvania?

Serve Your Spouse with Divorce Papers. You must officially notify your spouse of your intent to divorce them by serving court paperwork on them within 30 days of the date they were filed. If the other party doesn’t live in Pennsylvania, the time requirement is extended to 90 days.

How long do you have to wait to file a divorce in Pennsylvania?

Pennsylvania’s Mandatory Waiting Period. The Pennsylvania Rules of Civil Procedure require both parties to wait 90 days from the service of the Complaint before filing the uncontested divorce consent forms. After 90 days, both parites can file an Affidavit of Consent, stating that they consent to the divorce.

How much does it cost to file an uncontested divorce?

However, there are still a few costs you’ll incur. The filing fee is about $300 and needs to be paid when you file your case with the courts. Exact costs may vary slightly by county.

How to build trust in an uncontested divorce?

An uncontested divorce involves a certain degree of trust, and the best way to build trust is to keep the lines of communication open. Every divorce is different, so when you engage in a dialog will be up to you and your spouse. The important thing to understand is that this is a critical part of the process.

What does compromise do in a divorce?

In an uncontested divorce, compromise makes it easier to move forward, many times without an attorney, so that you can focus on the next chapter of your life. Courts expect you to meet ...

What is the key to a settlement agreement?

The key with a settlement agreement is to think cooperatively instead of approaching it with a combative mindset. Keep the larger goal in mind and be prepared to compromise to reach your goal of an uncontested divorce.

What does it mean when you submit an agreement to the court?

When you submit an agreement to the court, either with initial paperwork or as part of a response, it indicates both of you have given thought to how you want to resolve your differences and that you both agree on an amicable path forward.

Residency Requirements

Spouses must meet a state’s residency requirements to file for divorce. One spouse must live in Pennsylvania for at least six months to qualify for divorce in the state.

Grounds For Divorce

A no-fault divorce does not require a spouse to prove the other spouse’s actions caused the divorce. The court may grant a no-fault divorce due to:

How to File for Divorce

A spouse’s first step to file for divorce in Pennsylvania is filing a Notice to Defend and Divorce Complaint in a Pennsylvania Court of Common Pleas. The filing spouse must make two copies of the Notice and submit the original copy to the court.

Uncontested Divorces

Since servicing the respondent, both spouses must wait 90 days before filing additional papers in an uncontested divorce.

Contested

After servicing the spouse, both parties must wait one year before divorcing. If the parties separate for one year before service, they do not need to wait any additional time.

Pennsylvania Divorce Forms

Spouses seeking a divorce must submit the following forms to finalize their divorce:

Contact Us

If you or a loved one would like to learn more about divorce in Pennsylvania, get your free consultation with one of our divorce attorneys today!

How long do you have to live in Pennsylvania before filing for divorce?

you and your spouse must sign an affidavit consenting to the divorce, and. you or your spouse must have lived in Pennsylvania for at least six months before the filing. You may file a mutual consent divorce whether you and your spouse have children together or not.

What are the requirements for a mutual consent divorce in Pennsylvania?

You must meet the following requirements to file a mutual consent divorce in Pennsylvania: your marriage must be irretrievably broken. you and your spouse must agree to the divorce. you and your spouse must sign an affidavit consenting to the divorce, and.

How long after filing divorce papers can you sign?

Ninety days after the date you filed the divorce papers, you may sign the Affidavit of Consent (written declaration) stating that you and your spouse agree to the divorce (23 Pa. Const. Stat. Ann § 3301 (d).). You will sign one, and you will mail one to your spouse to sign.

What is mutual consent divorce?

Divorcing couples can seek a "mutual consent divorce," meaning both spouses consent to the divorce and agree on all of their divorce-related issues. A mutual consent divorce is much easier and shorter than a traditional divorce.

How does the clerk of divorce work?

Once you file all the documents, the clerk will forward your case to the judge for review. After the judge signs the Final Decree of Divorce, the clerk's office will send you and your spouse certified copies, and your divorce will be official.

How to finalize a divorce?

Finalize the Divorce. Once you file all the documents, the clerk will forward your case to the judge for review. After the judge signs the Final Decree of Divorce, the clerk's office will send you and your spouse certified copies, and your divorce will be official. Talk to a Lawyer.

How long does it take to get divorced?

A mutual consent divorce is a faster divorce process than traditional divorce—you can get divorced in three to four months, rather than the standard two or more years. However, to take advantage of a mutual consent divorce, both spouses must agree to the divorce and sign papers stating that each is in agreement.

How to contact Pennsylvania no fault divorce?

If you would like to better understand Pennsylvania’s no-fault divorce process, please contact us today for a free initial phone consultation at (717) 502-5000. Comments are closed.

How long does it take to get a no fault divorce?

How long does it take to get a no-fault divorce? As a general rule, you can obtain a no-fault divorce when there are no remaining financial issues in as little as four (4) months. There is a specific process from the filing and service of the initial divorce complaint through the final documents filed with the court.

How long does it take for a divorce to be granted?

Ninety days after the divorce papers are served on the non-filing spouse, each spouse signs and files with the court an affidavit stating that each party consents to the divorce. After the court receives these affidavits, along with a series of other documents, the court will then grant a divorce decree.

What is service of process in divorce?

Once filed, it has to be delivered to your spouse and you have to prove to the court that you have done so. This is called service of process and in order for it to be valid, it has to be done according to law and within the time specified by law. Consents of Affidavit of Separation – Depending on the type of no-fault divorce you are seeking, ...

What is mutual consent divorce?

A mutual consent divorce is available when both parties are willing to agree that the marriage is irretrievably broken and consent to the divorce; a separation divorce occurs when the marriage is irretrievably broken and the parties have lived separate and apart for at least one (1) year. In both types of no-fault divorce, ...

Is child custody separate from divorce?

Child custody and child support matters are separate and distinct from divorce cases. However, property and debt distribution as well as support between spouses (Alimony Pendente Lite, Spousal Support, Alimony) must be dealt with before a divorce decree is granted or you could lose those rights permanently.

Can you get a no fault divorce in Pennsylvania?

To qualify for a no-fault separation divorce in Pennsylvania, you must meet the following criteria: As with a consent divorce, no formal hearing before the court is required. You can obtain a no-fault divorce whether or not you and your spouse have children together.

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