How to Get an Uncontested Divorce in Pennsylvania
What is an Uncontested Divorce in Pennsylvania?
An uncontested divorce in Pennsylvania is one in which there is no disagreement between the two spouses, everything from child support to who gets to keep the house is agreed upon before heading to trial. In most cases, an uncontested divorce in Pennsylvania will be referred to as a Mutual Consent divorce.
Who Qualifies for an Uncontested Divorce in Pennsylvania by Mutual Consent?
Only some cases of uncontested divorce in Pennsylvania can be solved using the methods of a Mutual Consent divorce. However, these methods considerably simplify the process, so you should pursue them if possible. These are the requirements to file for uncontested divorce in Pennsylvania by mutual consent:
• No minor children have resulted or will result from the marriage, or, alternatively, all child support and child custody is agreed upon in advance.
• A Marital Settlement Agreement has been composed that both parties agree on.
• Each party is ready to sign an Affidavit of Consent.
What is the Mutual Consent Process?
The process of uncontested divorce in Pennsylvania by mutual consent is so much easier because it doesn’t require a court hearing, just two series of filings.
In the first filing, you’ll have to pay a large fee of approximately three hundred dollars depending on which county you are located it. You will need the following forms:
• The Civil Cover Sheet
• The Notice to Defend and Claim Rights
• The Complaint in Divorce
• The Affidavit certifying the Truth of the Complaint
• The Domestic Relations Income and Expense Statement
• The Court of Common Please Intake Form
• The Notice to File Social Security Numbers Form
After 90 days, the uncontested divorce in Pennsylvania process will be finished when the plaintiff files the following forms:
• The Marital Property Settlement Agreement
• The Acknowledgements attached to the Marital Property Settlement Agreement
• The Affidavit of Consent
• The Child Support Guideline Computation (if necessary)
• Notice of Intention to Request Entry of Divorce Decree
• The Praecipe to Transmit Record
• The Decree of Divorce
• Record of Divorce of Annulment
• Notice of Intention to Retake Prior Name (if necessary)
Who Qualifies for an Uncontested Divorce in Pennsylvania?
The residency requirement for an uncontested divorce in Pennsylvania is six months, but only one spouse needs to have lived in Pennsylvania for that long in order to qualify.
Pennsylvania is a No-Fault divorce state in the case of an uncontested divorce in Pennsylvania; if there is disagreement between the couple, then two years of living apart is required before dissolving the marriage.
How Do You an Uncontested Divorce In Pennsylvania in Philadelphia?
You should be aware that the protocol for uncontested divorce in Pennsylvania varies from district to district, and the above forms are only required by some districts and not others.
Philadelphia county is perhaps the greatest source of variation. There, the uncontested divorce process Pennsylvania begins with the filing of a Complaint for Divorce a Domestic Relations Information Sheet. The second filing includes special versions of most of the regularly required forms.