Washington State Forms 17 For Divorce In Pennsylvania
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FAQ
If both spouses want a divorce and agree that the marriage cannot be saved, things are simple. After the complaint is filed, there is a 90-day waiting period. Each party then files a sworn statement that the marriage is irretrievably broken and that each wants a divorce and asks the Court to grant it.
Only one party needs to file a divorce “complaint” in Pennsylvania if the spouses have been living apart for at least one year. The Pennsylvania General Assembly amended the previous requirement in 2016, changing the two-year separation rule to just one year.
Under these circumstances, a divorce can be granted without a court hearing; Irretrievable breakdown (the marriage cannot be fixed) - you and your spouse have lived apart for a period of at least one year, and you file a complaint saying that the marriage is irretrievably broken (unfixable).
In fact, there is no divorce circumstance in Pennsylvania where a marriage is automatically terminated after the passage of a period of time. The one year separation period, however, is important. After spouses have been separated for a year, one spouse may ask the Court to grant their divorce.
AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE -- a document that must be signed by the Plaintiff and filed with the Prothonotary's Office stating that the parties have been separated for at least two (2) years if date of separation was before December 5, 2016, or at least one (1) year if date of separation was on ...
Pennsylvania recently adopted the Family Law Arbitration Act (FLAA), which became law on July 7, 2024. The FLAA allows decisions related to divorce, property division, alimony, child support and other matters to be made by a qualified third party “arbiter.”
The Pennsylvania Rules of Civil Procedure require both parties to wait ninety (90) days from the service of the Complaint before filing the consent forms. You must wait ninety (90) calendar days from the date Notice to Defend and Divorce Complaint is served (see Step Two). The date Defendant is served is Day 1 of 90.
If your spouse won't consent to the divorce, you'll need to meet Pennsylvania's separation requirement. For divorces filed after December 5, 2016, this period is one year of living apart. This doesn't mean you have to move out of the marital home—living separate lives under the same roof can count as separation.
Forms you will need in this packet: Petition for Divorce - FL Divorce 201. Summons - FL Divorce 200. Confidential Information - Form FL All Family 001. Notice re Military Dependent - FL All Family 103. Proof of Personal Service - FL All Family 101.
