How to File for a Divorce in Pennsylvania

Filing for divorce in Pennsylvania involves several steps, beginning with the submission of key documents to the appropriate court. Below is a breakdown of the process.

Step One: The Notice to Defend, Complaint, and Verification (Form 1)

  1. Filing the Complaint: The first step in initiating a divorce case is to file a Complaint in the office where legal pleadings are filed. The Complaint outlines the grounds for divorce and requests a divorce order from the court.
  2. Required Forms: When you file your Complaint, you need to attach two key forms:
    • Notice to Defend and Claim Rights: This form must be attached at the top of your Complaint. It is a notice informing your spouse that they have the right to defend themselves in the divorce case.
    • Verification: This form, attached to the bottom of the Complaint, is a sworn statement affirming the truth of the allegations in the Complaint.
  3. Filing Fee: A filing fee must be paid to the court at the time of filing your Complaint. If you cannot afford the fee, you may request permission to proceed In Forma Pauperis (without paying the fee) by filing a request along with your Complaint.
  4. Caption: The caption at the top of the forms must include:
    • The county name
    • Your name and your spouse’s name
    • Docket number assigned to your case by the court
    This caption must be used consistently across all documents you file in the case.

Next Steps:

Once the Complaint is filed, the next steps typically involve serving your spouse with the Complaint and beginning the process of property division, child custody, and other related matters. You may proceed through an uncontested divorce or a contested divorce based on your circumstances.

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