Pennsylvania Notice to Defend - Divorces Only

State:
Pennsylvania
Control #:
PA-SKU-1182
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PDF
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Description

Notice to Defend - Divorces Only

Pennsylvania Notice to Defend — Divorces Only is a legal document that is served by the plaintiff to the defendant in a divorce case. The Notice to Defend is a fundamental part of the Pennsylvania Rules of Civil Procedure and is used to inform the defendant that they are being sued and that they must file an answer or response to the complaint within 20 days of receiving the Notice. There are two types of Pennsylvania Notice to Defend — Divorces Only: an uncontested divorce notice to defend and a contested divorce notice to defend. The uncontested divorce notice to defend is used when the parties have agreed to all the terms of the divorce and are filing an uncontested divorce action. The contested divorce notice to defend is used when the parties cannot agree on all the terms of the divorce and must go to court for a hearing.

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FAQ

Divorce in Pennsylvania can take between 90 days and 12 months on average, depending on whether it is a fault or a no-fault one. The mandatory waiting period for a no-fault marriage dissolution is 90 days. The average contested divorce takes 5-12 months, and an uncontested one ? around 4-6 months.

If one spouse does not want to divorce or is unwilling to agree to an uncontested divorce, a hearing is usually necessary. Litigation is necessary to resolve contested issues such as the division of marital property and alimony.

Do both parties have to sign to get a divorce in PA? Not necessarily. However, individuals may need to take a different approach to divorce if their spouse refuses to sign the divorce papers and fights their claims. This option is a fault divorce.

You must be separated for more than 2 years in order to do a Pennsylvania Divorce without your spouse's signature. If your spouse can be served and he/she does not respond, you may be able to get your divorce without signature. Even after 2 years, your spouse could contest the case.

The Divorce will Proceed Even if You Do Not Respond Just because you do not respond to a divorce complaint does not mean that it will end the case. The legal action of divorce is a lawsuit and the case will proceed even if you have not responded.

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).

If a couple is seeking a divorce without establishing grounds for fault (discussed further below), then Pennsylvania law imposes a one-year waiting period from the time of separation before either spouse can file for divorce.

More info

A divorce starts with a Notice to Defend and Complaint. Fill out ONLY ONE of the forms below.You have two choices when responding to the divorce papers: Answer only. After you serve the Defendant with the "Cover Sheet," "Complaint," "Certificate" and two. Make 2 copies of the entire completed Notice to. Defend, Divorce Complaint, and Entry of. Fill out the "Notice to Defend and Claim Rights" and the entire "Complaint for Divorce. If you don't want to be served with the divorce papers, you can voluntarily file an answer (or waiver of service only form). If you have children and are considering getting a divorce, read this first. Accept service of the Petition and sign a completed Judgment form.

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Pennsylvania Notice to Defend - Divorces Only