________________________________________________________________________________
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [COUNTY NAME]
COURT OF COMMON PLEAS
________________________________________________________________________________
[PLAINTIFF FULL NAME],
Plaintiff,
v. No.: _______________
[DEFENDANT FULL NAME],
Defendant.
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COMPLAINT FOR DIVORCE
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Plaintiff [FULL NAME], by and through undersigned counsel, or appearing pro se,
hereby files this Complaint for Divorce against Defendant [FULL NAME], and in
support thereof states as follows:
PARTIES AND JURISDICTION
- Plaintiff [FULL NAME] resides at [ADDRESS], [CITY], [COUNTY] County,
Pennsylvania [ZIP CODE], and has been a bona fide resident of the
Commonwealth of Pennsylvania for at least six (6) months immediately
preceding the filing of this Complaint.
- Defendant [FULL NAME] resides at [ADDRESS], [CITY], [STATE] [ZIP CODE],
and may be served with process at said address.
- This Court has jurisdiction over the subject matter and the parties
pursuant to 23 Pa.C.S. § 3104, which provides that the Court of Common
Pleas has original jurisdiction in cases of divorce and for annulment
of marriage.
- Venue is proper in [COUNTY] County because Plaintiff has resided in
this county for at least six (6) months immediately preceding the
filing of this Complaint. 23 Pa.C.S. § 3105.
MARRIAGE
- The parties were married on [DATE OF MARRIAGE] at [CITY], [STATE],
in a ceremony officiated by [OFFICIANT NAME AND TITLE].
- There were no previous marital or domestic relations proceedings
between the parties in this or any other jurisdiction, except:
[DESCRIBE ANY PRIOR PROCEEDINGS OR STATE "None"]
CHILDREN
- [ ] There are NO minor children born of this marriage.
[ ] The following minor child(ren) were born of this marriage:
| Name | Date of Birth | Age | Currently Residing With |
|---|---|---|---|
| [NAME] | [DOB] | [AGE] | [PARENT/GUARDIAN] |
- [ ] Plaintiff is not pregnant at this time.
[ ] Plaintiff is pregnant at this time. The expected date of delivery
is [DATE]. The father is [STATE IF DEFENDANT OR "a person other
than Defendant"].
- There are no other custody proceedings pending in any other court
regarding any minor child of this marriage.
GROUNDS FOR DIVORCE
- Plaintiff seeks a divorce on the following ground(s) pursuant to
23 Pa.C.S. § 3301:
[ ] IRRETRIEVABLE BREAKDOWN. The marriage is irretrievably broken
pursuant to 23 Pa.C.S. § 3301(c). Plaintiff and Defendant have
lived separate and apart for a period of at least one (1) year,
and the marriage is irretrievably broken.
Date of separation: [DATE]
The parties have lived separate and apart since [DATE] by:
[ ] Physical separation (different residences)
[ ] Emotional separation (same residence but no marital relations)
[ ] MUTUAL CONSENT. Both parties consent to the divorce pursuant to
23 Pa.C.S. § 3301(d). Ninety (90) days have elapsed from the
date of service of this Complaint, and both parties have filed
Affidavits of Consent.
[ ] FAULT GROUNDS (describe the specific fault ground):
[ ] Adultery, pursuant to 23 Pa.C.S. § 3301(a)(1)
[ ] Abandonment, pursuant to 23 Pa.C.S. § 3301(a)(2)
[ ] Cruel and barbarous treatment, pursuant to 23 Pa.C.S. § 3301(a)(3)
[ ] Bigamy, pursuant to 23 Pa.C.S. § 3301(a)(4)
[ ] Imprisonment, pursuant to 23 Pa.C.S. § 3301(a)(5)
[ ] Indignities, pursuant to 23 Pa.C.S. § 3301(a)(6)
[ ] Institutionalization, pursuant to 23 Pa.C.S. § 3301(a)(7)
- The facts supporting the ground(s) for divorce are as follows:
[PROVIDE FACTUAL STATEMENT SUPPORTING THE GROUNDS]
PROPERTY AND DEBTS
- MARITAL PROPERTY: The parties acquired the following marital
property during the marriage, which is subject to equitable
distribution under 23 Pa.C.S. § 3502:
Real Estate:
- Marital residence located at [ADDRESS], estimated value $[AMOUNT]
- Other real property: [DESCRIBE]
Personal Property:
- Vehicles: [YEAR/MAKE/MODEL], estimated value $[AMOUNT]
- Bank accounts: [BANK NAME], estimated balance $[AMOUNT]
- Retirement accounts: [TYPE], estimated value $[AMOUNT]
- Other: [DESCRIBE]
- DEBTS AND LIABILITIES: The parties have the following marital
debts and liabilities:
- Mortgage on marital residence: $[AMOUNT]
- Vehicle loans: $[AMOUNT]
- Credit card debt: $[AMOUNT]
- Other: [DESCRIBE]
- Plaintiff requests that the Court equitably divide the marital
property and debts in accordance with 23 Pa.C.S. § 3502.
ALIMONY
- [ ] Plaintiff does NOT request alimony.
[ ] Plaintiff requests alimony pursuant to 23 Pa.C.S. § 3701 based
on the following factors:
- [DESCRIBE RELEVANT FACTORS UNDER 23 Pa.C.S. § 3701]
NAME CHANGE
- [ ] Plaintiff does NOT request restoration of prior name.
[ ] Plaintiff requests restoration of the name [PRIOR NAME] pursuant
to 23 Pa.C.S. § 3305.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
a. Grant a divorce decree dissolving the marriage between the parties;
b. Equitably divide the marital property and debts pursuant to
23 Pa.C.S. § 3502;
c. [If applicable] Award alimony to Plaintiff pursuant to 23 Pa.C.S. § 3701;
d. [If applicable] Award custody of the minor child(ren) to Plaintiff;
e. [If applicable] Order Defendant to pay child support;
f. [If applicable] Restore Plaintiff's name to [PRIOR NAME];
g. Grant such other and further relief as the Court deems just and proper.
________________________________
[YOUR FULL LEGAL NAME]
Plaintiff (Signature)
________________________________
[YOUR FULL LEGAL NAME - PRINTED]
Plaintiff (Print Name)
[ADDRESS]
[CITY], PA [ZIP CODE]
[PHONE NUMBER]
[EMAIL ADDRESS]
________________________________________________________________________________
VERIFICATION
________________________________________________________________________________
I, [YOUR FULL LEGAL NAME], being duly sworn according to law, depose and
say that the facts set forth in the foregoing Complaint for Divorce are
true and correct to the best of my knowledge, information, and belief.
I understand that false statements made to public authorities are punishable
under 18 Pa.C.S. § 4904 (Unsworn falsification to authorities). [ARCHIVE-VERIFIED]
________________________________
[YOUR FULL LEGAL NAME]
Plaintiff
Sworn to and subscribed before me this ___ day of __________, 20___.
________________________________
Notary Public
My Commission Expires: ______________
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PENNSYLVANIA DIVORCE FILING GUIDE
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RESIDENCY REQUIREMENTS (23 Pa.C.S. § 3104):
- At least one spouse must have been a bona fide resident of Pennsylvania
for six (6) months immediately preceding the filing of the Complaint.
GROUNDS FOR DIVORCE (23 Pa.C.S. § 3301):
- NO-FAULT GROUNDS:
a. Irretrievable Breakdown (§ 3301(c)): Parties must have lived
separate and apart for at least one (1) year.
b. Mutual Consent (§ 3301(d)): Both parties consent after 90 days
from service of Complaint.
- FAULT GROUNDS:
a. Adultery (§ 3301(a)(1))
b. Abandonment (§ 3301(a)(2)) — one year or more
c. Cruel and barbarous treatment (§ 3301(a)(3))
d. Bigamy (§ 3301(a)(4))
e. Imprisonment (§ 3301(a)(5)) — two years or more
f. Indignities (§ 3301(a)(6))
g. Institutionalization (§ 3301(a)(7)) — 18 months or more
WAITING PERIODS:
- Mutual Consent: 90 days from service of Complaint before divorce
decree can be granted
- Irretrievable Breakdown: No waiting period after one-year separation
is established
FORMATTING REQUIREMENT (Pa.R.C.P. No. 204.1):
Every document filed with a Pennsylvania court must have a 3-inch (3") blank
top margin on the first page. Subsequent pages require a minimum 1-inch top
margin. Verify margins before filing.
CONFIDENTIAL INFORMATION FORM (Pa.R.C.P. No. 207.1 — Effective Jan. 1, 2022):
Do NOT include in this or any public court document:
• Social Security Numbers — use last 4 digits only, or submit separately on
AOPC Form 3 (Confidential Information Form)
• Financial account numbers — last 4 digits only
• Driver's license numbers — submit on AOPC Form 3
• Minor children's full dates of birth — submit on AOPC Form 3
File completed AOPC Form 3 with the Prothonotary/Clerk separately from this
filing. Download at: www.pacourts.us/forms/for-the-public
FILING FEES (vary by county):
- Complaint for Divorce: Approximately $150-300
- Motion fees: Approximately $20-50
- Sheriff's service: Approximately $50-100
- Certified mail service: Approximately $10-20
PENNSYLVANIA COURT OF COMMON PLEAS:
Each county has a Court of Common Pleas with a Family Court Division.
File your Complaint in the county where you or your spouse resides.
Philadelphia County:
- Family Court Division
- 1501 Arch Street
- Philadelphia, PA 19102
- Phone: (215) 686-3000
Allegheny County (Pittsburgh):
- Family Court Division
- 440 Ross Street
- Pittsburgh, PA 15219
- Phone: (412) 350-5600
Montgomery County:
- Family Court Division
- 2 E. Airy Street
- Norristown, PA 19401
- Phone: (610) 278-3000
REQUIRED DOCUMENTS:
- Complaint for Divorce (this document)
- Notice to Defend and Claim Rights
- Civil Cover Sheet
- Family Court Cover Sheet (if children involved)
- Vital Statistics Form
- Affidavit of Consent (for mutual consent divorce)
- Affidavit of Service (after serving Defendant)
SERVICE OF PROCESS:
- Defendant must be served within 30 days of filing
- Service methods: Sheriff, certified mail, private process server,
or voluntary acceptance
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LEGAL DISCLAIMER
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This document is provided for informational purposes only and does not
constitute legal advice. Divorce proceedings can be complex and have
significant legal and financial consequences. You should consult with
a licensed Pennsylvania attorney before proceeding.
Pennsylvania divorce laws are subject to change. Verify current
requirements with the Pennsylvania Consolidated Statutes or a qualified
attorney.