PENNSYLVANIA DIVORCE PAPERS WITH EXPLANATIONS

The Commonwealth of Pennsylvania, as with all states, has its own required divorce papers for filing an uncontested divorce. Even though an uncontested divorce is the easiest type of divorce to file, there are still numerous lengthy divorce papers for Pennsylvania that must be completed and filed according to local and state requirements. Our software and service allows you to easily complete the required Pennsylvania divorce papers and file your divorce in a hassle-free and professional fashion.

The documents listed below are the primary documents for a Pennsylvania uncontested divorce. You will notice that some of the documents apply to children. If you do not have minor children, these documents are typically not required.

Understanding the Pennsylvania Divorce Papers:

• Notice to Defend and Claim Rights: This document informs the other spouse that he or she is being sued for divorce. This form can be used if the parties agree about the action and are divorcing under Section 3301c or if they have been separated for two years or more and are divorcing under Section 3301d.
• Complaint for Divorce: The complaint identifies the parties, establishes the residency, and states the grounds for the divorce and any relief requested.

Sample Complaint for Divorce for Pennsylvania (First Page Only)

• Affidavit of Verification: This form verifies the "the facts contained in the Complaint in Divorce."
• Court of Common Pleas Intake: Filed in the prothonotary's office, this form identifies the type of action: a divorce filing with no children or one involving children under 18 or a custody action, with children under 18.
• Domestic Relations Income and Expense Statement (for Plaintiff): This form gives the court a clear idea of the financial position of the plaintiff and is often used in determining appropriate child support. The form contains basic information about employment, available health insurance, and income.
• Domestic Relations Income and Expense Statement (for Defendant): This is the same as the above form but for the defendant and is used in conjunction with determining appropriate child support.
• Notice to File Social Security Numbers: Both parties file this form in the office of the prothonotary.
• Marital Settlement Agreement: This notarized agreement between the plaintiff and the defendant memorializes the terms and conditions of their divorce, including their separation and living apart, financial disclosure in connection with the distribution of assets and liabilities, spousal and child support (if applicable). The provisions of the MSA become part of a court's final judgment of divorce.

Sample Marital Settlement Agreement for Pennsylvania (First Page Only)

• Schedule for Visitation/Parenting Time of Minor Children: This form shows the visitation routine of the noncustodial parent.
• Acknowledgment (Plaintiff): This notarized form completed by the plaintiff and attached to the MSA is filed with the clerk 90 days after the filing of the Complaint.
• Acknowledgment (Defendant): This form is identical to the Acknowledgment filed by the plaintiff.
• Affidavit of Consent and Waiver (Plaintiff): When the Defendant agrees to the entry of a divorce, he or she signs an Affidavit of Consent after waiting 90 days from the date the Complaint was served. He or she consents to the entry of a Final Decree of Divorce, after service of notice of intention to request entry of the decree. In the waiver, he or she agrees to give up his or her right to receive notice of a request for a divorce decree.

Sample Affidavit of Consent and Waiver for Pennsylvania (Full Document)

• Affidavit of Consent and Waiver (Defendant): If the Defendant agrees to the entry of a divorce, he or she signs an Affidavit of Consent after waiting 90 days from the date the Complaint was served. In the waiver, he or she agrees to give up his or her right to receive notice of a request for a divorce decree.
• Child Support Worksheet: The worksheet takes the parents through the formula for calculating each parent's share of child support based on gross income, less appropriate deductions converted to a monthly amount, which is expressed as a percentage share of income.
• Basic Child Support Schedule: The Basic Child Support Schedule based combines incomes of both parents and the number of children involved and is referenced to complete the Child Support Guidelines Worksheet.
• Declaration Under the Uniform Child Custody Jurisdiction Act: the Uniform Child Custody Jurisdiction Act establishes that children over the age of six months have lived in Pennsylvania for at least the last six months, or that children under the age of six months have lived in the state since birth; that "on information and belief," no other legal proceedings or court orders involving the custody or visitation of the children, and that there are no other custody cases pending in Pennsylvania or other jurisdictions.
• Praecipe to Transmit Record: This form requests that the record, together with ground for divorce, the date and manner of service of the Complaint, the Affidavit of Consent and the Notice of Intention to file Praecipe, and the date of the Plaintiff's Waiver of Notice be forwarded the court in preparation for the entry of the final decree of divorce.
• Notice of Intention to Retake Prior Name: This form is used when the plaintiff or defendant wishes to reclaim a prior name in a divorce action.
• Decree of Divorce: This is a court order that ends the marriage and states that the parties "are divorced from the bonds of matrimony." This document often incorporate the terms set forth in the Marital Settlement Agreement.

Sample Decree of Divorce for Pennsylvania (First Page Only)