Uncontested Divorce in Pennsylvania

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A divorce affects the separating couple and their families as well. Spouses who have major conflicts go for contested case where they have to pass through stressful courtroom proceedings. Thus a considerable amount of time, money and energy is spent and sometimes, the spouses get frustrated. If you want to avoid the troublesome process of a contested process, you can opt for a uncontested one. In case of an uncontested divorce, the mutual consent of the separating couples is of utmost importance. If the spouses agree regarding most of the issues of the divorce, the process becomes simpler, less stressful, less emotional and economical. Pennsylvania in the United States has a lower divorce rate as compared to many other states in the nation. Here many of the cases are fought with the help of a mediator or in an uncontested way. Divorce mediation or an uncontested divorce in Pennsylvania helps one to reduce the separation cost and take independent decisions.

In Pennsylvania, the separating spouse who files the action is termed as the Plaintiff. The divorcing partner who responds to the action is known as the Defendant. The venue for filing the action is the Court of Common Pleas. This is a county court.

Residency Requirements

Anyone of the spouses needs to be a resident of the state for a period of six months prior to filing the divorce papers.

Grounds of Uncontested Divorce in Pennsylvania

Fault grounds

• Indignities
• Imprisonment for minimum 2 years
• Desertion
• Endangerment
• Adultery

No-fault grounds

• Two year separation: In this case, one of the partners disagrees to go for the divorce. The two spouses also reside apart and separate for two years.
• Mutual Consent: Both the divorcing partners accede that the marriage has been irretrievably broken. The action is generally filed when 90 days have been passed since the start of the action.

The Process of Uncontested Divorce in Pennsylvania

• Initially the Complaint of Divorce has to be filed. The purpose of this document is to identify the separating couple and also to ask the judge to grant the divorce. The couple has to file the necessary papers in the Prothonotary's office.
• The next step is the Service of Process. A copy of the filed court papers are sent to the Defendant through a process server or by certified mail. The Certificate of Service is included in this Service. This particular certificate provides evidence the copy of the Complaint and other documents are accepted by the Defendant.
• The third step is to create a Marital Settlement Agreement. In this agreement, various terms and conditions of the visitation, spousal support, child support, division of liabilities and assets are included.
• In the next step the Affidavit of Consent is to be completed. The document needs to be completed by both the partners compulsorily. This action is very important as it ascertains that they mutually agree to get separated.
• In the final step the Praecipe to transmit record is filed. This documentation enables to maintain a record of the process. Then some important documents are filed with the Prothonotary:
  • Record of Divorce or Annulment and Certificate (proof of service)
  • The Marital Property Settlement Agreement
  • Affidavit of Consent

Eligibility for the divorce

According to 3301(c), a Mutual Consent divorce can be discussed. This particular process is a no-fault and uncontested. Spouses going for this type of uncontested process must meet these criteria:

• The spouses have to fulfill the residency criterion that states that one spouse has to reside in this state for minimum six months before filing for the action.
• There should not be any children of the divorcing couple. If there are, the divorcing couple must agree regarding the child support and child custody and consequently, there should be no requirement of any hearing on these issues.
• Both the spouses should agree to all conditions as mentioned in the Marital Settlement Agreement.
• Both spouses have to sign the Affidavit of Consent.

For a Mutual Consent Divorce, some of the following forms are needed as demanded by different circumstances:

• The Notice to Defend and Claim Rights
• The Affidavit certifying the truth of the divorce complaint
• The Civil Cover Sheet
• The Court of Common Pleas Intake form
• The Notice of File Social Security Numbers
• The Domestic Relations Income and Expense Statement

The complete process of a divorce, right from preparing the legal documents till the final decree is signed, is not an easier one. A lawyer is the best person to make you understand the process step-by-step. Otherwise you can opt for low-cost uncontested divorce in Pennsylvania. This service is provided by many Internet companies who charge a certain fee and complete all the formalities on your behalf. There are a number of ways that will ease the stressful process to a great extent. So go for a process that suits your requirements.

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