Uncontested Divorce in Pennsylvania
In case of an uncontested divorce, the mutual consent of the divorcing couple for the divorce is of utmost importance. If the divorcing partners agree regarding most of the issues of the divorce, then, the process of divorce becomes simpler, less stressful, less emotional and economical.
In this state, the divorcing couple who files the action is called as the Plaintiff. The divorcing partner who responds to the action is known as the Defendant. The venue of filing the action is the Court of Common Pleas. This is a county court.
Grounds of Uncontested Divorce in Pennsylvania
Fault grounds
- Indignities.
- Imprisonment for minimum 2 years.
- Desertion.
- Endangerment.
- Adultery.
No-fault grounds
- Two year separation: In this case, one of the partners disagrees to consent to the divorce and the husband and wife reside apart and separate for 2 years.
- Mutual Consent: Both the divorcing partners accede that the marriage has been irretrievably broken. When 90 days have passed since the start of the action, the divorce is offered.
Steps of Uncontested Divorce in Pennsylvania
- The initial step is to file the Complaint of Divorce. This document is used to identify the divorcing couple and it asks the court to grant the divorce. The essential papers are filed in the office of the Prothonotary.
- The second step is the Service of Process. A copy of the filed court papers are sent to the Defendant through a process server or by certified mail. This Service also includes the Certificate of Service. This certificate serves as a proof that the Defendant has accepted the copy of the Complaint and other documents.
- The third step is to create a Marital Settlement Agreement. In this agreement, the terms and conditions of the visitation, spousal support, child support, division of liabilities and assets are included.
- The next step is to complete the Affidavit of Consent. Both the divorcing partners must complete this document as it certifies that they are agreeing with the divorce.
- The last step is to file the Praecipe to transmit record. This documentation enables to enter the divorce in the record. Then, the following documents are filed with the Prothonotary.
- Record of Divorce or Annulment and Certificate (proof of service)
- The Marital Property Settlement Agreement.
- Affidavit of Consent.
Eligibility for the divorce
As per 3301(c), a Mutual Consent divorce can be negotiated. This is a no-fault and uncontested action. This type of uncontested divorce has the following eligibility.
- The residency requirement must be fulfilled and as per this minimum one divorcing partner must be residing for minimum six months in this state before the filing is done.
- The divorcing couple should not have children. If there are, the divorcing couple must be in complete agreement regarding the child support and child custody and consequently, there should be no requirement of any hearing on these issues.
- There must be complete agreement regarding the terms and conditions of the Marital Settlement Agreement.
- Both the divorcing partners should put down their signatures on the Affidavit of Consent.
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