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• Pennsylvania law requires you and your spouse to have lived separate and apart before the. Court can grant a divorce under § 3301(d).7) COUNTER-AFFIDAVIT – Leave this form blank. Affidavit under Section 3301(d) of the Divorce Code Instructions. 1. Instructions For Filling Out And Filing The Initial Forms: 1. A 3301(d) divorce cannot be completed without proper service of all the required forms. There are two forms that make up this document, the. Affidavit Under Section 3301(d) and a Counter-Affidavit. If you and your spouse agree to begin divorce proceedings, use the forms listed below for 3301(c)(1). Section 3301(d) governs cases without an agreement, in which case the parties must have been separated for at least one year before filing.