how to get a default divorce in pennsylvania without a lawyer

File for a divorce without an attorney in the State of Pennsylvania. Start by preparing your uncontested divorce forms online using Pennsylvania Online Divorce and get a ready-to-file document package in 2 business days.

Full Answer

How do I file for divorce in Pennsylvania without a lawyer?

You can file for divorce under the no-fault “mutual consent” grounds, which essentially means that both of you agree to the divorce on basis of the fact that your marriage is irretrievably broken. DO IT YOURSELF OR HIRE AN ATTORNEY? The do-it-yourself solution is ideal for an uncontested divorce in Pennsylvania, where you do not require a lawyer.

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

In order to qualify for a no-fault consent divorce in Pennsylvania, you must meet the following requirements: 1 The marriage is irretrievably broken; 2 Both spouses agree to the divorce; and 3 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.

What are the divorce laws in the state of Pennsylvania?

According to Pennsylvania divorce laws, a party must wait for two full years of separation from their spouse and then may proceed with filing a unilateral divorce. Do the other issues – child support, child custody, alimony, and property – have to be decided before the divorce is final?

How do I default my divorce in PA?

Sign the Petition for a Decree of Divorce that your lawyer will draw up, which asks the courts to grant you a divorce based on the conditions in § 3301(d). Your lawyer will file the petition with the court and serve a copy on your spouse. If your spouse doesn't respond, the court will grant you a default divorce.

Can I file for divorce without a lawyer in PA?

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.

Does PA have default divorce?

There is no default judgment for divorce in Pennsylvania. If a spouse who has been properly served with the divorce complaint fails to participate in the divorce action, at the appropriate time, the spouse who filed for divorce can request that the court establish the basis for the entry of the divorce decree.

Can you get a divorce in PA if the other person refuses?

If the served spouse does not respond in time, the divorce can be finalized by only one party. If your spouse will not leave the family home and thus initiate the separation, under 23 Pa. C.S. § 3502(c) you can file for exclusive possession of the family home.

Can I get a divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

Can you get a divorce without the other person signing the papers?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

How long can you drag out a divorce in PA?

Gov. Wolf this week signed legislation further reducing it to one year. Under the new law, spouses must live apart for a year before one can file for divorce.

How long does a no contest divorce take in PA?

90 daysNo-Fault Divorce in PA: How Long Does It Take? The no-fault divorce takes at least 90 days, given that it is uncontested. This is a mandatory waiting period before such a marriage dissolution can be finalized. Moreover, before the process is initiated, spouses have to be separated for at least one year.

What happens after a default Judgement in divorce?

A default divorce is a form of uncontested divorce. A court will grant a divorce by default if summons have been served on the spouse and he or she does not respond within the allotted time period, the plaintiff can approach the court to have the matter set down for trial.

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

What is a no-fault divorce in PA?

A mutual split – where neither party takes blame for a marriage's dissolution – is called a no-fault divorce. There are two types of no-fault divorce in Pennsylvania. The most common, the mutual consent divorce, allows for a 90-day period after the divorce complaint has been served and consented to by both parties.

What is considered abandonment in PA?

In the state of Pennsylvania spousal abandonment is recognized when: abandonment is deliberate and final, continued for an uninterrupted time of twelve months and the relationship has moved beyond any reasonable expectation of reconciliation.

What Is Mutual Consent Divorce?

In Pennsylvania, an uncontested divorce may be called a “no-fault divorce” or a “mutual consent divorce.” Sometimes it is also called a “c divorce”...

Requirements For Mutual Consent Divorce

You must meet the following requirements to file a mutual consent divorce in Pennsylvania: 1. the marriage is irretrievably broken 2. both spouses...

Mutual Consent Divorce Process

You may choose to handle a mutual consent divorce without the help of a lawyer. If you go forward on your own, you must be sure to carefully follow...

How to get a no fault divorce in Pennsylvania?

To get a no-fault divorce in Pennsylvania you need to state one of the two no-fault grounds in the Complaint in Divorce. One is that “the marriage of the parties is irretrievably broken and both parties consent to a divorce.”. Both parties must file affidavits consenting to divorce, and the decree cannot be entered until 90 days after filing.

How long do you have to be a resident to file for divorce in Pennsylvania?

Residency and Where to File. In order to file for divorce in Pennsylvania, either you or your spouse must be a Pennsylvania resident for at least 6 months. You may file in the Court of Common Pleas in the county where: the defendant resides, the plaintiff resides, if the defendant is not a Pennsylvania resident,

What happens if you divorce a married couple in Pennsylvania?

For any married couple in Pennsylvania, divorce will sever the marital relationship, and divide assets and debts. If one party will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, the issues of child custody and support must be resolved. Same Sex Divorce.

What are the sources of income for a custodial party?

each party’s sources of income, including medical, retirement, or other benefits, any expectancies and inheritances of the parties, the duration of the marriage, any party’s contribution to the education or increased earning power of the other, how a custodial party’s financial situation will be affected,

How long do you have to be separated to be a plaintiff?

the plaintiff resides, if you are not separated for 6 months and the defendant agrees, or where either party resides if neither live in the county where you lived together, or. where either party resides, if you have been separated for at least 6 months.

Can you get divorced in Pennsylvania without fault?

To get a no-fault divorce in Pennsylvania you need to state one of the two no-fault grounds in the Complaint in Divorce.

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.

What are the factors that determine property in a divorce in Pennsylvania?

By law, according to Pennsylvania Consolidated Statutes, when awarding property in a divorce a court must consider the following factors: the length of the marriage; any prior marriage of either party; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;

What are the issues that come up during a divorce in Pennsylvania?

Here are some of the important legal questions and major issues you should know about that come up during a divorce in Pennsylvania: Property Issues . Alimony and Child Support.

Why is adultery a reason for divorce in Pennsylvania?

When adultery is cited as a reason for a divorce, it may be used as a means of getting a more favorable settlement from the courts, especially if it can be shown that the adulterer spent marital assets on the affair in question.

When domestic violence is present in a marriage in Pennsylvania, any divorce actions are secondary to the immediate safety of a

When domestic violence is present in a marriage in Pennsylvania, any divorce actions are secondary to the immediate safety of a spouse or children who may be in immediate danger.

Does Pennsylvania have a property division law?

In addition to Pennsylvania property division laws, the federal government also protects military personnel through the Uniformed Services Former Spouses Protection Act that governs how military benefits are calculated when a divorce takes place.

Is Pennsylvania a fault based state?

Pennsylvania is both a no-fault and a fault-based state. A couple can simply cite that a marriage is irretrievably broken, or a spouse can also cite one of several at-fault reasons as well, such as cruelty, adultery, or a spouse’s incarceration, among others.

Can you get divorced in Pennsylvania?

Beginner’s Guide to Divorce Laws in Pennsylvania. A marriage can end either by annulment or by divorce in Pennsylvania. Although some states allow legal separation, Pennsylvania does not recognize this as an option for couples who do not want to be married any longer. Pennsylvania is both a no-fault and a fault-based state.

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.

Types of Divorce in Pennsylvania

When spouses believe that their relationship is irretrievably broken and thus reconciliation is impossible, this is enough of a reason to untie the knot. If they are willing to go their separate ways as soon as possible and want to simplify the process by coming to a full agreement, they can have an easy and fast no-fault divorce by mutual consent.

Who Can Start a Pennsylvania Divorce Procedure?

There are a few requirements that one must meet to initiate a divorce process in PA. First of all, to get started, one of two spouses must be a Pennsylvanian resident for at least half a year. If neither of you did, you will have to wait before initiating a divorce in the state or check if you meet the residency requirements elsewhere.

What Type of Court Handles Divorces in the State?

You can file in The Court of Common Pleas, which considers family law cases, in the county where:

How to File for Divorce in Pennsylvania?

Once the residency requirements are met and spouses understand which type of marriage dissolution they are going for, it is time to think about how to get a divorce in PA. To initiate the process, one is supposed to submit the Notice to Defend and Divorce Complaint, along with the Affidavit of Non-Military Service and a few other forms.

How long do you have to be separated from your spouse before filing a complaint?

5, 2016 you will need to be living separate and apart from your spouse for a period of ONE YEAR, before filing your complaint in divorce.

Where to print no fault consent forms?

You must print each form and take it to the designated office in your county courthouse. For No Fault and Mutual Consent 3301 (c) (1) proceedings, use the forms below. You are required to “serve” or deliver a copy of each form you prepare to the opposing side. See Service Forms.

How to file a 3301c?

Once you have completed these forms, contact your local courthouse administration for additional instructions. You must print each form and take it to the designated office in your county courthouse. For No Fault and Mutual Consent 3301 (c) (1) proceedings, use the forms below. You are required to “serve” or deliver a copy of each form you prepare to the opposing side. See Service Forms.

What is the form called when you can't afford to pay court fees?

If you cannot afford to pay these fees to the court, you will need to complete the form below entitled, In Forma Pauperis, a Latin term, referring to someone who cannot pay. You will be asked for your income and expense statements.

Does representing yourself exempt you from court?

Representing yourself does not exempt you from understanding and following statewide and local Rules of Court. For your protection, be sure to verify you have met all up-to-date requirements by contacting your local county court administration.

Can a court act on a divorce case?

A court will not act on your case unless you have served the court papers and filed proof that you followed Rules of Court. Pa. R.C.P. 1930.4 states the options for service of original process, the custody or divorce complaint. Pa. R.C.P. 440 states the options for service of legal papers other than original process.

What is the fault of divorce?

A divorce on fault grounds requires that the plaintiff prove that he or she is the innocent and injured spouse and that the other spouse is guilty of one of six categories of marital misconduct: adultery, desertion, cruel and barbarous treatment, bigamy, imprisonment for a crime, and indignities.

What is maintenance in Pennsylvania?

In Pennsylvania, maintenance is available to the financially dependent spouse at different stages of the divorce proceedings. Prior to the divorce being filed it is termed “spousal support.”. After filing and during divorce proceedings, support is termed “alimony pendente lite,” a Latin phrase meaning “alimony pending litigation.”.

Can you get an annulment in Pennsylvania?

Can I get an annulment in Pennsylvania? Yes. In Pennsylvania, annulment is the manner in which invalid marriages are terminated. A marriage is invalid, for instance, if either party was incapable of consenting to marriage by reason of insanity, or if either party was, at the time of the purported marriage, validly married to another person.

Is divorce expensive in Pennsylvania?

The cost of divorce is entirely case specific. If the parties have many assets and debts to evaluate for distribution, it can be a fairly long, complicated and expensive process. Additionally, Pennsylvania employs a trifurcated system, meaning that divorce, custody and support can be handled at different times.

Beginner’s Guide to Divorce Laws in Pennsylvania

Property Issues

Alimony and Child Support

Custody and Visitation

• Child Custody in Pennsylvania
  The Pennsylvania court system has a strong preference in seeing parents share custody as equally as possible in a divorce case. Courts also prefer that parents come up with a suitable and mutually agreed-upon parenting plan that supports this preference. However, this plan must tak…
• Substance Abuse
  Pennsylvania is both a no-fault state and a fault-based state, and you only need to state that a marriage is irretrievably broken to file for divorce. However, you can also file for divorce stating reasons for the divorce. Although substance abuse is not one of the reasons that can be cited, i…

See more on survivedivorce.com

Divorce Process

Other Issues