title: "Pennsylvania Divorce - LSC-Grade Legal Packet"

state: "PA"

category: "Divorce"

date: "2026-03-20"

price: "$97"

lsc_grade: true

Pennsylvania Divorce Packet

Templates for informational purposes only. Not legal advice.

ELIGIBILITY CHECKLIST

• [ ] You or your spouse has lived in Pennsylvania for at least 6 months before filing
• [ ] You are filing in the county where you or your spouse currently lives
• [ ] Mutual Consent (§ 3301(c)): both spouses agree to divorce AND 90-day waiting period has passed
• [ ] OR 2-Year Separation (§ 3301(d)): parties have lived separately for at least 2 years
• [ ] OR fault-based grounds apply (adultery, abandonment 1+ yr, cruel treatment, bigamy, imprisonment 2+ yrs)
• [ ] Children's custody, support, and property division addressed or in progress

FORM 1: COMPLAINT IN DIVORCE — BLANK TEMPLATE

`

________________________________________________________________________________

IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, PENNSYLVANIA

CIVIL DIVISION - FAMILY COURT

________________________________________________________________________________

[YOUR FULL LEGAL NAME], )

Plaintiff, ) Case No.: _______________

)

vs. ) COMPLAINT IN DIVORCE

) 23 Pa.C.S. Section 3301

[SPOUSE'S FULL LEGAL NAME], )

Defendant. )

________________________________________________________________________________

COMPLAINT IN DIVORCE

1. Plaintiff, [YOUR FULL LEGAL NAME], resides at [ADDRESS], [CITY], PA [ZIP].

1. Defendant, [SPOUSE'S FULL LEGAL NAME], resides at [ADDRESS], [CITY], PA [ZIP].

1. Plaintiff has been a bona fide resident of Pennsylvania for at least six months.

1. The parties were married on [DATE] in [CITY, STATE/COUNTRY].

1. The parties separated on [DATE].

1. GROUNDS: Plaintiff seeks divorce on the grounds of:

[ ] Section 3301(c) - Mutual consent (both parties consent, 90-day waiting period)

[ ] Section 3301(d) - Irretrievable breakdown (2-year separation)

The parties have lived separate and apart for two years

[ ] Section 3301(a) - Fault-based grounds: [SPECIFY]

1. CHILDREN:

[ ] No minor children

[ ] Minor children: [NAME(S) AND DOB(S)]

1. PRIOR ACTIONS:

[ ] No prior divorce actions filed

[ ] Prior action: [DETAILS]

WHEREFORE, Plaintiff requests this Court grant a divorce, equitably distribute marital property

(23 Pa.C.S. Section 3502), and provide such other relief as is appropriate.

_________________________________

[YOUR FULL LEGAL NAME], Plaintiff

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

[EMAIL]

Date: _________________

VERIFICATION

I, [YOUR FULL LEGAL NAME], verify that the statements made in this Complaint are true and correct

to the best of my knowledge, information, and belief.

_________________________________

[YOUR FULL LEGAL NAME]

Date: _________________

ATTACHMENTS:

[ ] Civil Cover Sheet

[ ] Notice to Defend and Claim Rights

[ ] Verification (above)

[ ] Marriage Certificate (if available)

`

--- PAGE BREAK ---

FORM 2: AFFIDAVIT OF CONSENT — BLANK TEMPLATE

`

________________________________________________________________________________

COMMONWEALTH OF PENNSYLVANIA )

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

): Case No.: _______________

[YOUR FULL LEGAL NAME], )

[SPOUSE'S FULL LEGAL NAME], )

________________________________________________________________________________

AFFIDAVIT OF CONSENT

(23 Pa.C.S. Section 3301(c))

________________________________________________________________________________

We, [YOUR FULL LEGAL NAME] and [SPOUSE'S FULL LEGAL NAME], being duly sworn, depose and say:

1. We are the parties in the above-captioned divorce action.

1. We voluntarily consent to the entry of a divorce decree on the grounds of mutual consent,

pursuant to 23 Pa.C.S. Section 3301(c).

1. We understand that:

a. We may not revoke this consent without leave of court;

b. The divorce will be final 90 days after service of the Complaint;

c. We must resolve all issues regarding property, custody, and support; and

d. The Court may not grant a divorce if we have not resolved these issues.

1. We certify that we have executed a written agreement addressing:

[ ] Division of marital property

[ ] Alimony, if applicable

[ ] Custody of minor children

[ ] Child support

[ ] Parenting time

1. We request this Court enter a decree of divorce.

FURTHER AFFIANT SAYETH NAUGHT.

_________________________________ _______________________________

[YOUR FULL LEGAL NAME], Plaintiff Date: _________________

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

_________________________________ _______________________________

[SPOUSE'S FULL LEGAL NAME], Defendant Date: _________________

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

________________________________________________________________________________

Subscribed and sworn to before me this _____ day of _______________, 202_.

_________________________________

Notary Public

My Commission Expires: ___________

[SEAL]

`

--- PAGE BREAK ---

FORM 3: AFFIDAVIT UNDER § 3301(d) — BLANK TEMPLATE

`

________________________________________________________________________________

COMMONWEALTH OF PENNSYLVANIA )

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

[YOUR FULL LEGAL NAME], )

Affiant, ) Case No.: _______________

________________________________________________________________________________

AFFIDAVIT

UNDER 23 Pa.C.S. Section 3301(d)

________________________________________________________________________________

I, [YOUR FULL LEGAL NAME], being duly sworn, depose and say:

1. I am the [Plaintiff/Defendant] in the above-captioned divorce action.

1. I reside at [ADDRESS], [CITY], PA [ZIP].

1. The parties to this action were married on [DATE] in [CITY, STATE].

1. The parties have lived separate and apart without cohabitation for a period of MORE THAN

TWO YEARS as follows:

From [DATE] to the present (OVER TWO YEARS).

1. During this period of separation:

a. We have lived at separate addresses;

b. We have not presented ourselves to others as husband and wife; and

c. We have not had sexual relations with each other.

1. I request this Court grant a decree of divorce.

FURTHER AFFIANT SAYETH NAUGHT.

_________________________________ _______________________________

[YOUR FULL LEGAL NAME], Affiant

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

Date: _________________

________________________________________________________________________________

Subscribed and sworn to before me this _____ day of _______________, 202_.

_________________________________

Notary Public

My Commission Expires: ___________

[SEAL]

`

--- PAGE BREAK ---

FORM 4: PRAECIPE TO TRANSMIT RECORD — BLANK TEMPLATE

`

________________________________________________________________________________

IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, PENNSYLVANIA

CIVIL DIVISION - FAMILY COURT

________________________________________________________________________________

[YOUR FULL LEGAL NAME], )

Plaintiff, ) Case No.: _______________

)

vs. ) PRAECIPE TO TRANSMIT RECORD

[SPOUSE'S FULL LEGAL NAME], )

Defendant. )

________________________________________________________________________________

TO THE HONORABLE JUDGES OF THIS COURT:

Please take notice that the parties in this action have met all requirements for entry of a

divorce decree, as follows:

1. [ ] 90-day waiting period has expired (Section 3301(c))

[ ] Two-year separation requirement has been met (Section 3301(d))

1. The following affidavits are attached:

[ ] Affidavit of Consent (both parties)

[ ] Affidavit under Section 3301(d)

1. The parties have resolved all issues regarding:

[ ] Property division (Marital Settlement Agreement attached)

[ ] Alimony/spousal support

[ ] Child custody (Custody Agreement attached)

[ ] Child support (Child Support Guidelines attached)

[ ] Parenting plan (Parenting Plan attached)

WHEREFORE, [YOUR FULL LEGAL NAME] requests this Court to transmit the record to the

assigned judge for the purpose of entering a decree of divorce.

Respectfully submitted,

Date: _________________ _______________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

[YOUR STREET ADDRESS]

[YOUR CITY, PA ZIP CODE]

[YOUR PHONE NUMBER]

[YOUR EMAIL ADDRESS]

`

--- PAGE BREAK ---

FORM 5: WAIVER OF NOTICE — BLANK TEMPLATE

`

________________________________________________________________________________

IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, PENNSYLVANIA

CIVIL DIVISION - FAMILY COURT

________________________________________________________________________________

[YOUR FULL LEGAL NAME], )

Plaintiff, ) Case No.: _______________

)

vs. ) WAIVER OF NOTICE

[SPOUSE'S FULL LEGAL NAME], )

Defendant. )

________________________________________________________________________________

I, [SPOUSE'S FULL LEGAL NAME], Defendant in the above-captioned action, hereby waive service of the

Complaint in this action.

I acknowledge that I have received a copy of the Complaint and understand that divorce proceedings

have been commenced. I hereby accept service of the Complaint and waive all formal notice required

by law.

I understand that:

• I have 30 days to file an Answer after receiving this Complaint
• Failure to file an Answer may result in default judgment against me
• I should consult an attorney if I have questions

_________________________________ _______________________________

[SPOUSE'S FULL LEGAL NAME], Defendant

[ADDRESS]

[CITY, PA ZIP]

[PHONE]

Date: _________________

`

FILING STEPS

1. Confirm residency: you or your spouse must have lived in PA for at least 6 months.
2. Determine your pathway: Mutual Consent (§ 3301(c)) requires both spouses to agree; 2-Year Separation (§ 3301(d)) requires 2 years of separate living.
3. Gather your information: full names and addresses, marriage date and location, children's names and birth dates, and a list of marital property and debts.
4. Complete the Complaint in Divorce and attach the Civil Cover Sheet, Notice to Defend and Claim Rights, and Verification.
5. File at the Prothonotary's Office in the county where you or your spouse resides; pay filing fee ($200–$400, varies by county).
6. Serve your spouse by sheriff, private process server, certified mail, or Acceptance of Service (Waiver of Notice).
7. File Affidavit of Service with the court after service is complete.
8. Wait the applicable period: 90 days for Mutual Consent; no waiting period for 2-Year Separation.
9. Complete a Marital Settlement Agreement if you have property or children to address.
10. File the Praecipe to Transmit Record with all required affidavits attached.
11. The assigned judge reviews and issues the Divorce Decree.
12. After divorce: update your will, beneficiaries, life insurance, retirement accounts, and vehicle/property titles.

COURT INFORMATION

FILING CHECKLIST

Before Filing

• [ ] Residency requirement met (6 months in PA)
• [ ] Grounds determined (mutual consent, 2-year separation, or fault)
• [ ] Marriage certificate (or alternative proof)
• [ ] Children's information (names, dates of birth)
• [ ] Property and debt list (if you have assets to divide)
• [ ] Income information (for support calculations)
• [ ] Spouse's address (for service)

Forms to Prepare

• [ ] Complaint in Divorce (completed)
• [ ] Civil Cover Sheet (from court)
• [ ] Notice to Defend and Claim Rights (from court)
• [ ] Verification (included with Complaint)
• [ ] Affidavit of Consent (both spouses, if mutual consent)
• [ ] Affidavit under § 3301(d) (if 2-year separation)
• [ ] Waiver of Notice (if spouse waives service)
• [ ] Marital Settlement Agreement (if you have property)

Filing Day

• [ ] Bring all forms (original + 3 copies)
• [ ] Bring filing fee or IFP petition
• [ ] Bring photo ID
• [ ] Get file-stamped copies
• [ ] Arrange for service of spouse (if not waiving)

After Filing

• [ ] Track 90-day deadline (if mutual consent)
• [ ] File proof of service (Affidavit of Service)
• [ ] Prepare Praecipe to Transmit (after waiting period)

STATUTE REFERENCES

DISCLAIMER

This guide is for informational purposes only and does not constitute legal advice. Divorce laws in Pennsylvania are complex and subject to change. This guide does not create an attorney-client relationship. Court procedures, filing fees, and timelines may vary by county and may change. Always verify current requirements with your local Court of Common Pleas.

Divorce has permanent legal and financial consequences. You may lose rights to property, support, or custody if you do not respond properly. Consult an attorney before filing divorce if you can afford one, or contact legal aid if you cannot.

Need help? Find free legal aid at palawhelp.org or call 211.