Pennsylvania Affidavit of Consent
What this document covers
The Affidavit of Consent is a legal document used in divorce proceedings in Pennsylvania when children are involved. This form allows the Defendant to affirm that the marriage is irretrievably broken, that 90 days have elapsed since the complaint was served, and that they consent to the entry of a final divorce decree. This form is critical for moving the divorce process forward without the need for additional court hearings.
Key parts of this document
- Declaration of Irretrievable Breakdown: States that the marriage cannot be repaired.
- Consent Statement: Indicates the Defendant agrees to the final decree of divorce.
- Timeline Confirmation: Attests that 90 days have passed since the divorce complaint was served.
- Docket Information: Requires case number and filing details.
- Signature Requirement: Must be signed by the Defendant to validate consent.
When this form is needed
You should use the Affidavit of Consent when you are going through a divorce involving children in Pennsylvania, and you meet the following conditions: your marriage is irretrievably broken, the required waiting period has been met, and both parties are in agreement regarding the divorce. This form speeds up the dissolution process by allowing the court to issue a final decree without additional notice or hearings, provided all legal criteria are fulfilled.
Who needs this form
- Defendants in divorce cases where children are involved.
- Individuals married in Pennsylvania who have filed for divorce.
- Parties who have reached an agreement on the terms of their divorce.
Steps to complete this form
- Print the name of the county where you are filing.
- Enter the names of the Plaintiff and Defendant as stated in the divorce complaint.
- Include the docket number assigned to your case by the Prothonotary's Office.
- Specify the date the divorce complaint was filed.
- Have the Defendant write the date they are signing the form.
- The Defendant must sign the form to confirm their consent to the divorce.
Does this document require notarization?
This form does not typically require notarization unless specified by local law. However, it is essential to check local rules to confirm any additional requirements before filing.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to wait the required 90 days before signing the affidavit.
- Entering incorrect or incomplete case information.
- Not obtaining the Defendant's signature, which invalidates the consent.
- Forgetting to file the affidavit within 30 days of signing it.
Advantages of online completion
- Convenience: Download and fill out the form at your own pace.
- Editability: Easily modify your entries before finalizing the document.
- Reliability: Access attorney-drafted templates that comply with Pennsylvania law.
Main things to remember
- The Affidavit of Consent is essential for expediting divorce proceedings in Pennsylvania.
- Both parties need to agree for the form to be valid.
- Timely filing and completion of the form are critical to avoid delays in the divorce process.
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FAQ
You Do Not Need Your Spouse's Consent to Obtain a Divorce Long gone are the days when one spouse might need the other's consent to obtain a divorce. Now, consensual, or uncontested, divorces may be easier, but they are not required.
The easiest way to complete a do it yourself divorce is to use an online site such as completecase.com. The site uses forms that are specific to the state in which you are filing for divorce, in this case Pennsylvania. Those forms allow the do it yourself divorce to proceed smoothly.
The Praecipe to Transmit Record, which requests that the Prothonotary transmit all the divorce paperwork to the court in preparation for the divorce decree. (Philadelphia County has its own form for the praecipe.)The Decree of Divorce, signed by the judge, which ends the marriage.
An Affidavit of Default is a sworn statement telling the court that you served the Summons (with Children) and Complaint with Minor Children on the Defendant and that he/she has not responded within thirty days after the completed service.
The marriage is irretrievably broken. both spouses agree to the divorce, and. both spouses are willing to sign an affidavit stating consent for the divorce.
If the Defendant agrees to the entry of a divorce, he or she may sign an Affidavit of Consent after waiting 90 days from the date the complaint was served. The numbers on these instructions correspond with the numbers in the boxes on the form.
$219 Uncontested, No-Fault Divorce. Divorce doesn't have to be expensive. Get started for as little as $25, and complete your divorce for only $219 (including filing costs) with a simple, uncontested Pennsylvania divorce.
Mutual Consent: In Mutual Consent Divorce, both spouses file affidavits requesting a divorce.There is a 90-day minimum waiting period, and then if they still both agree, the divorce can be finalized.
You can file for divorce in the county where you live, the county where your spouse lives (if different), or in a mutually agreed upon county. The Prothonotary's Office will time-stamp the original and 2 copies. The original will stay in your file at the courthouse and the 2 copies will be returned to you.
