Did you know that you don’t need a lawyer to file for divorce in Pennsylvania? Do-It-Yourself divorce is indeed possible if you and your spouse can agree to an amicable and cooperative approach in tackling all important issues, such as custody, support, and distribution of marital assets.
Pennsylvania Divorce Requirements
To get a divorce in Pennsylvania, at least one of the spouses must have resided in the state for at least six months before filing.
Other requirements depend on what type of divorce the petitioner and the respondent are aiming at. A mutual consent divorce (also known as an uncontested divorce or a no-fault divorce) is the fastest as both spouses agree to end their marriage and submit a signed affidavit proving it (The Pennsylvania Divorce Code Section 3301(c)(1)). When the couple cannot reach mutual consent regarding the terms of the divorce, yet they don’t want to contest it, the state requires them to have a one-year separation before filing the paperwork to have a no-fault uncontested divorce (The Pennsylvania Divorce Code Section 3301(d)). Finally, a contested divorce is fault-based and requires the spouses to provide evidence to the court so that the judge can determine custody, support, and division of property based on the court’s findings.
Pennsylvania Divorce Forms
Couples who agree to have a mutual consent divorce save both time and money. They don’t need to pay legal fees if they are able to file their own divorce. When divorcing spouses represent themselves in divorce proceedings, it is called a Do-It-Yourself divorce, meaning the spouses are to complete and file the divorce documents without an attorney.
Filing for divorce on their own, the spouses can download the required divorce forms from The Unified Judicial System of Pennsylvania and complete them by hand. Also, the divorcing couple can use online divorce documents preparation services that provide state-specific custom-generated forms and detailed instructions on completing and filing divorce papers in PA. The latter option works well for couples who don’t want to hire lawyers but want to make sure their paperwork is completed correctly.
Many people find filling out their application for divorce online less stressful and more efficient. First, they stay in the comfort of their home, which is psychologically reassuring. Second, by using the step-by-step guidance that the web divorce companies provide, they can be confident that the forms will meet Pennsylvania court filing regulations and be approved by the court.
In Detail about DIY Divorce in PA
Once the divorcing couple has prepared their application for divorce online and signed it in the presence of a notary, they are ready to file with the court’s clerk. Two copies should be made of each document, and the originals go to the clerk. The Clerk of Court’s office accepts filing fees and assigns a divorce case number that will go on all divorce documents.
Normally, the petitioner is to arrange service of process to the respondent within 30 days from the filing date. However, a mutual consent divorce implies that the other spouse agrees to the dissolution of marriage. In such a case, the respondent may submit an Acceptance of Service form to the court and receive the divorce documents by mail.
Pennsylvania has established a mandatory waiting period of 90 days for an uncontested divorce. Divorcing couples should use that time to work out all divorce-related issues such as child custody, support, alimony, and property division and prepare a settlement agreement for the court.
Ninety days after filing for divorce, the spouses must submit additional documents: the Affidavit of Consent and a Waiver of Notice are signed and submitted separately by each party; a Praecipe to Transmit Record and a Final Decree of Divorce are filed by the petitioner.
If all the documents are in order and correctly completed, the judge will review the case after the waiting period is over. A divorce is finalized after the judge signs the Final Decree. The ex-spouses receive their certified copies of divorce decrees by mail.
FAQ
What are grounds for divorce?
Although Pennsylvania recognizes fault-based divorces, a mutual consent divorce is no-fault. So when spouses fill out the divorce forms, they state that their marriage is “irretrievably broken” to apply for divorce.
What is the average cost of divorce in Pennsylvania?
It is difficult to put an average price tag on divorce because it largely depends on whether the spouses can settle all matters of their dissolution. At the very least, the divorce expenses include court fees for filing the paperwork. Filing a divorce complaint can cost $100 ($99) in Forest County to over $400 ($450.50 for a divorce complaint with custody) in Dauphin County. Those who cannot afford to pay the filing fees can submit an In Forma Pauperis form. If they are eligible for a fee waiver based on their income, they will get a divorce process free of charge. Completing divorce forms can be complicated for people who are not used to court requirements and paperwork. If you want to fill out your divorce papers quickly, inexpensively, and stress-free, use the document preparation services of an internet divorce company.
How long will it take me to get a divorce in Pennsylvania?
Getting a divorce in Pennsylvania cannot be quicker than 90 days. The rest is up to you. If spouses choose to contest any issues (child custody, spousal support, division of marital property, or allocation of debts), it could take a year or more to finalize the divorce. The bottom line is that cooperation and amiability will save you a pretty penny, spare your nerves, and respect your time.
