How to File for Divorce in Pennsylvania

Filing for divorce in Pennsylvania involves several legal steps, whether it’s an uncontested divorce (where both parties agree on all terms) or a contested divorce (where disagreements require court intervention). Understanding these steps ensures a smooth and efficient divorce process.

Step 1: Filing the Divorce Complaint

The divorce process begins with submitting a Complaint for Divorce, which formally requests the court to dissolve the marriage. This document must include:

A “Notice to Defend and Claim Rights” (Form 1) – This informs the spouse of their legal rights and is attached on top of the Complaint.
A “Verification” Form – This is attached at the bottom and confirms that all information in the Complaint is true.

The Complaint must be filed at the county courthouse where legal pleadings are processed. Upon filing, the court assigns a docket number, which must be included in all future divorce documents.

Step 2: Paying the Filing Fee or Requesting a Fee Waiver

Filing fees must be paid when submitting the Complaint. Fees vary by county.
If you cannot afford the filing fee, you may submit an In Forma Pauperis (IFP) request, allowing you to proceed without payment.
The IFP request must be filed at the same time as the Complaint and requires court approval.

Step 3: Serving Divorce Papers

After filing, you must legally serve your spouse with the divorce papers. This can be done through:

Certified mail with return receipt
Personal service by a sheriff or process server
Acceptance of service if your spouse agrees to receive the documents voluntarily

If your spouse cannot be located, you may need to request alternate service methods from the court.

Step 4: Waiting Period & Response

Pennsylvania requires a mandatory 90-day waiting period for a mutual consent divorce.
If the divorce is contested, your spouse may file a response and request mediation or a court hearing.

Step 5: Finalizing the Divorce

Uncontested Divorce: If both spouses agree, they sign an Affidavit of Consent, and the court finalizes the divorce.
Contested Divorce: If disagreements exist, the court may require hearings to resolve issues like property division, child custody, and spousal support before finalizing the divorce.

Once all legal matters are settled, the judge will issue a Divorce Decree, officially ending the marriage.

Affordable Divorce Attorney in Pennsylvania

Attorney R. Badet is an experienced divorce and family law attorney, offering affordable legal services, including uncontested divorces for just $599. If you’re searching for a “divorce lawyer near me”, he provides expert guidance to navigate the legal process efficiently and cost-effectively.