If you can’t hire an attorney or don’t have time to right now, file an Answer to the Complaint. If you file an Answer, then your spouse can’t default you and have bought yourself some good time to hire an attorney. Simplest way to file an Answer is to deny every allegation in the Complaint for divorce.
Full Answer
Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything. Your spouse can request a default Divorce Decree in 21 days that matches everything requested in their complaint if you do not respond.
Steps to an Uncontested Divorce in Pennsylvania. 1 Meet Residency Requirements. One or both spouses must have lived in Pennsylvania for at least the past six months before you can file for a divorce. 2 Gather Information. 3 Complete the Initial Divorce Forms. 4 File Your Paperwork with the Court. 5 Pay Your Filing Fees. More items
In the divorce context, if you serve your spouse with a divorce complaint, and it goes unanswered, you can ask a judge to grant your divorce by default. To accomplish this, you'll need to prepare and file an affidavit with the court, to prove that you served the petition, and your spouse failed to respond.
Pennsylvania enables you to be served divorce papers in a couple ways. You may be served through the mail and to be done properly, your spouse must send you the divorce complaint, notice to appear in court, and any other necessary documents.
When the non-petitioning spouse fails to answer the petition, the court will generally assume that the spouse agrees to the terms included on the petition -- which can include property division, child custody, spousal support, and other demands made by the petitioning spouse -- and enter a default judgment.
The Pennsylvania Rules of Civil Procedure give the responding party in a lawsuit, including a divorce, 90 calendar days to respond. The responding party is called the defendant, even in family law cases like divorces.
Four ways to respond to a divorce petition:Agree with the divorce. If you can decide all of the details with your spouse beforehand, this is the quickest and cheapest option. ... Ask for amendments. ... Defend the petition. ... File for your own divorce.
Ignoring the Divorce Petition You can apply on the basis that you have a certificate of service from the process server, which proves to the court that the divorce petition has been served to the intended recipient.
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.
Is it okay to date when you're separated? It is okay, providing you do it right. If you start seeing someone else before you and your spouse decide to divorce or before you physically separate, it is considered adultery.
There is no advantage or disadvantage to being either the petitioner or respondent. They are simply terms to make it easier to refer to each party during the divorce process.
Where an answer to a divorce has been filed then the petition for divorce can only be withdrawn if both parties agree to dismiss the case. If, however, the final divorce decree has been issued then you are not able to withdraw your divorce petition.
21 daysDivorce papers can be served by personal service, certified mail, or signing for the documents. If the papers were handed to you by a process server, or by any adult other than your spouse, you have 21 days to respond, assuming you were properly served.
1) Personal service. If your spouse has not responded to the acknowledgment of service form within 14 days – and you reasonably believe they are still living at the relevant address – it is possible to arrange for a court bailiff or process server to deliver the divorce papers to them personally.
If you are the one who is being divorced (the “respondent”), the Court might order you to pay the legal fees of both sides. This is unjust, but it is based on the old court principles that if you can prove your case before them, then you will also get your costs.
Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.
If your spouse ignores your divorce complaint, you can ask a court to issue a default judgment.
Once you show these two things, a judge can issue a default judgment, which may include all of the orders you requested, such as orders for alimony, child support, and property: If your spouse failed to respond to your requests, the judge will have no basis to deny them. Once the court receives your request for a default, it will set a hearing date.
"Default" is the legal term to describe the failure to respond to a lawsuit, including a divorce petition or complaint. In the divorce context, if you serve your spouse with a divorce complaint, and it goes unanswered, you can ask a judge to grant your divorce by default. To accomplish this, you'll need to prepare and file an affidavit with the court, to prove that you served the petition, and your spouse failed to respond. Once you show these two things, a judge can issue a default judgment, which may include all of the orders you requested, such as orders for alimony, child support, and property: If your spouse failed to respond to your requests, the judge will have no basis to deny them.
Let's say your reason (grounds) for the divorce is fault based, such as your spouse's physical or mental cruelty. You'll have to provide at least some evidence to back up your claim. If you can't, the court may not grant the divorce. Even if you based your case on "no-fault" grounds, such as a separation for a continuous period ...
Requirements in a Default Hearing. Depending on your state's laws, you'll probably have to let your spouse know about the default hearing. In New Jersey, for example, you have to legally notify your spouse of the hearing date and provide the details of your requests for spousal support (alimony), child support, child custody, and marital property.
The grounds under which such a claim can be made in Pennsylvania are defined in 23 Pa.C.S. § 3301 (a) and (b): 1. Willful and malicious desertion. 2. Adultery. 3. Cruel and barbarous treatment, endangering life or health of injured and innocent spouse. 4.
Mutual Consent: In Mutual Consent Divorce, both spouses file affidavits requesting a divorce. There is a 90-day minimum waiting period, and then if they still both agree, the divorce can be finalized.
The affidavit must be filed in court and served to the spouse, who has 40 days to contest or to argue for economic relief.
Divorce. Pennsylvania is unusual among states in that it still has both no-fault and fault divorce options on the books. The many issues regarding divorce in PA are defined in Pennsylvania Statutes Title 23 Pa.C.S.A. Domestic Relations, Part IV.
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.
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.
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.
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.
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 ...
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.
Courts want to see that there is a fair and equitable split of assets and debts in a divorce. As part of your discussions with your spouse, you should both complete and exchange financial affidavits.
Pennsylvania enables you to be served divorce papers in a couple ways. You may be served through the mail and to be done properly, your spouse must send you the divorce complaint, notice to appear in court, and any other necessary documents.
First and foremost, take a deep breath. Whether the papers are a surprise or you knew they were coming, seeing them in your hand can be difficult. This is often the moment when adults realize their lives are drastically going to change. While divorces are hard on individuals and families, they are possible to get through.
You may think there is a benefit to representing yourself during a divorce. Unfortunately, divorce law can be complex and without the help of a knowledgeable attorney, you may miss an important deadline, not know what to expect, and inadvertently give up crucial rights.