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STEP ONE: The Notice to Defend and Divorce Complaint A divorce case is started with the filing of a ?Complaint.? There are two forms that must be attached to the Complaint: the ?Notice to Defend and Claim Rights? must be attached on top, and the ?Verification? must be attached on the bottom.
? This verification must be completed by you, not your attorney. o Affidavit under Section 3301(d) ? This form states that you and your spouse have, in fact, lived separate and apart. for the applicable time period described above. o Blank Counter-Affidavit.
--Whenever mutual consent under section 3301(c) is the ground for divorce, the court shall require up to a maximum of three counseling sessions within the 90 days following the commencement of the action where either of the parties requests it. (c) Irretrievable breakdown.
1. No-Fault Consent Divorce -- 3301(c)(1) -- A divorce that requires the consent of both spouses. 2. Consent is Presumed ? 3301(c)(2) -- where consent is presumed because a spouse has been convicted of committing a personal injury crime against the other spouse.
The following forms may be used in all cases, with or without an agreement of the parties: Self-represented party entry of appearance. ... Notice to defend and divorce complaint (PA divorce Form 1). ... Petition to proceed in forma pauperis (PA divorce Form 2). ... Acceptance of service (PA divorce Form 3a).