Complaint Waived File For Divorce In Allegheny
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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.
The person who is asking for the divorce (the plaintiff) files a complaint that tells the court why he or she should get a divorce from his or her spouse (the defendant). A divorce is not final until a decision is made and a divorce decree is entered by a court.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
"Waiver of Notice of Intention to Request Entry of Divorce Decree"--forms SIGNED BY BOTH PARTIES waiving notice of a request for entry of the divorce decree. "Praecipe to Transmit" -- a form that asks the Prothonotary to send all the proper papers to the Judge for entry of a divorce decree.
As a rule, an uncontested divorce is a lot cheaper than a traditional, contested divorce. That's because many couples can get through the uncontested divorce process without hiring lawyers to represent them.
Whereas this law previously stated that the spouses involved with the divorce must have been living separately for no less than two years, the law now reads that the involved spouses must be separated for no less than one year in order to obtain a lawful divorce in PA under 3301(d).
As long as the spouse who is “served” the divorce papers does not deny that the spouses have been living apart for at least one year or that the marriage is irretrievably broken, the divorce may proceed even though only one party filed for divorce. Do both parties have to sign to get a divorce in PA? Not necessarily.
