If you’re considering divorce in Pennsylvania, it is important to understand the steps involved in filing a divorce petition. Below is a detailed guide on Step One in the divorce process, which begins with the filing of the Notice to Defend, Complaint, and Verification forms.
Step One: Filing the Divorce Complaint
1. The Divorce Complaint
The divorce process in Pennsylvania begins with the filing of a Complaint. This is the formal document that starts your divorce case. The complaint outlines the grounds for the divorce and any requests regarding property division, custody, spousal support, or other legal issues.
2. Attachments to the Complaint
When filing the Complaint, you must include two key forms:
- Notice to Defend and Claim Rights: This document is attached to the top of the complaint. It notifies the responding party (your spouse) of their right to defend themselves in the divorce action.
- Verification: This form is attached at the bottom of the Complaint. It confirms that the information provided in the Complaint is accurate to the best of your knowledge.
3. Filing the Documents
After completing the forms, you must file the Complaint and accompanying documents with the court where legal pleadings are filed. This is typically the Court of Common Pleas in the county where either you or your spouse reside.
4. Filing Fee
There is a filing fee associated with the divorce petition. The fee must be paid when you submit the forms. However, if you are unable to pay the filing fee due to financial hardship, you may apply for In Forma Pauperis status, which allows you to file without paying the fee. This application must be filed with your Complaint.
5. The Caption
The caption at the top of the Complaint and all other documents related to the case will include essential details such as:
- The name of the county where the case is filed.
- Your name and your spouse’s name.
- The docket number assigned by the court.
This caption must remain identical on all subsequent filings in your case, regardless of who submits the document.
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