Pennsylvania Divorce Packet — LSC-Grade Self-Help Guide
Jurisdiction-correct document templates. Not legal advice.
1. Eligibility Checker — Who Can File for Divorce in Pennsylvania?
- [ ] You or your spouse has lived in Pennsylvania for at least 6 months before filing
- [ ] You file in the Pennsylvania county where you or your spouse currently lives
File at: Pennsylvania court finder: https://www.pacourts.us/find-a-court
2. Required Forms for Pennsylvania Divorce
Core Forms (Required for All Divorces)
| Form Name | Purpose | Where to Obtain |
|---|---|---|
| Complaint in Divorce | Starts the divorce case | COUNTY PROTHONOTARY Office |
| Civil Cover Sheet | Court administrative form | COUNTY PROTHONOTARY Office |
| Notice to Defend and Claim Rights | Notifies spouse of divorce filing | Attached to Complaint |
| Verification | Sworn statement that facts are true | Included with Complaint |
For Mutual Consent Divorce (§ 3301(c))
| Form Name | Purpose | When to File |
|---|---|---|
| Affidavit of Consent (§ 3301(c)) | Both spouses consent to divorce | After 90-day waiting period |
| Waiver of Notice | Spouse waives formal notice | At filing or service |
For 2-Year Separation Divorce (§ 3301(d))
| Form Name | Purpose | When to File |
|---|---|---|
| Affidavit Under § 3301(d) | Confirms 2-year separation | After 2 years of separation |
To Finalize Divorce
| Form Name | Purpose | When to File |
|---|---|---|
| Praecipe to Transmit Record | Requests court to grant divorce | After all requirements met |
| Decree in Divorce | Judge signs to end marriage | Court issues after review |
If You Have Children
| Form Name | Purpose |
|---|---|
| Custody Complaint | Establishes custody arrangements |
| Child Support Guidelines | Calculates support obligations |
| Parenting Plan | Details custody schedule |
If You Own Property Together
| Form Name | Purpose |
|---|---|
| Property Settlement Agreement | Divides assets and debts |
| Inventory and Appraisement | Lists all marital property |
Fee Waiver (If You Cannot Afford Fees)
| Form Name | Purpose |
|---|---|
| Petition to Proceed In Forma Pauperis (IFP) | Asks court to waive filing fees |
Filing Fee Reference: 42 Pa.C.S. § 1725(c)(2)(iii)(vii) (ARCHIVE-VERIFIED) establishes court fees. Divorce filing in first-class counties (Philadelphia) is approximately $172 for commencement of action.
Download forms:
- PA Unified Judicial System:
pacourts.us/forms - Your county Court of Common Pleas website
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9. Step-by-Step Filing Instructions
Step 1: Gather Your Information (Week 1)
Step 2: Determine Which Divorce Pathway Applies
Step 3: Prepare Your Forms
- Complaint in Divorce
- Civil Cover Sheet (from court)
- Notice to Defend and Claim Rights (from court)
- Verification (included with Complaint)
- Affidavit of Consent (both spouses sign)
- Marital Settlement Agreement (if you have property)
- Waiver of Notice (optional, saves time)
- Affidavit under § 3301(d)
- Evidence of separation (separate leases, utility bills)
- Custody Complaint or Agreement
Step 4: File Your Complaint
Step 5: Serve Your Spouse
Step 6: Wait Period
Step 7: Finalize Your Divorce
Step 8: After Divorce Is Granted
11. 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)
LEGAL AID
- Pennsylvania Legal Aid Network (PLAN): palawhelp.org · 1-800-322-9933
- Philadelphia Legal Assistance: phillylegal.org · (215) 981-3800
- Southwestern PA Legal Services: swpls.org · 1-800-243-2020
- PA Courts Self-Help: pacourts.us/self-help · (717) 705-1138
3. FORM 1: Complaint in Divorce
INSTRUCTIONS:
- Complete all fields in BLACK INK
- Print clearly or type
- File in the county where you or your spouse resides
- Make 3 copies: 1 for court, 1 for spouse, 1 for your records
- Attach Civil Cover Sheet, Notice to Defend, and Verification
- Filing fee: $200–$400 (varies by county)
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
- Plaintiff, [YOUR FULL LEGAL NAME], resides at [ADDRESS], [CITY], PA [ZIP].
- Defendant, [SPOUSE'S FULL LEGAL NAME], resides at [ADDRESS], [CITY], PA [ZIP].
- Plaintiff has been a bona fide resident of Pennsylvania for at least six months.
- The parties were married on [DATE] in [CITY, STATE/COUNTRY].
- The parties separated on [DATE].
- 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]
- CHILDREN:
[ ] No minor children
[ ] Minor children: [NAME(S) AND DOB(S)]
- 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. I understand that false statements made
to public authorities are punishable under 18 Pa.C.S. § 4904 (Unsworn falsification to authorities).
________________________________
[YOUR FULL LEGAL NAME]
Date: _________________
ATTACHMENTS:
[ ] Civil Cover Sheet
[ ] Notice to Defend and Claim Rights
[ ] Verification (above)
[ ] Marriage Certificate (if available)
`
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SAMPLE COMPLETED COMPLAINT:
`
________________________________________________________________________________
IN THE COURT OF COMMON PLEAS
PHILADELPHIA COUNTY, PENNSYLVANIA
CIVIL DIVISION - FAMILY COURT
________________________________________________________________________________
JAMES MICHAEL ANDERSON, )
Plaintiff, ) Case No.: 2026-FD-001234
)
vs. ) COMPLAINT IN DIVORCE
) 23 Pa.C.S. Section 3301(c)
SARAH ELIZABETH ANDERSON, )
Defendant. )
________________________________________________________________________________
COMPLAINT IN DIVORCE
- Plaintiff, JAMES MICHAEL ANDERSON, resides at 1234 Walnut Street, Apt 4B, Philadelphia, PA 19103.
- Defendant, SARAH ELIZABETH ANDERSON, resides at 5678 Spruce Street, Apt 2C, Philadelphia, PA 19139.
- Plaintiff has been a bona fide resident of Pennsylvania for at least six months.
- The parties were married on June 15, 2018 in Cape May, New Jersey.
- The parties separated on December 1, 2025.
- GROUNDS: Plaintiff seeks divorce on the grounds of:
[X] Section 3301(c) - Mutual consent (both parties consent, 90-day waiting period)
Both parties have executed Affidavits of Consent consenting to the divorce
- CHILDREN:
[X] Minor children:
- EMILY ROSE ANDERSON (DOB: March 12, 2020)
- JACOB MICHAEL ANDERSON (DOB: July 22, 2022)
- PRIOR ACTIONS:
[X] No prior divorce actions filed
WHEREFORE, Plaintiff requests this Court grant a divorce, equitably distribute marital property,
establish custody, support, and parenting time for the minor children, and provide such other relief
as is appropriate.
________________________________
James Michael Anderson
1234 Walnut Street, Apt 4B
Philadelphia, PA 19103
(215) 555-1234
james.anderson@email.com
Date: March 20, 2026
VERIFICATION
I, JAMES MICHAEL ANDERSON, verify that the statements made in this Complaint 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).
________________________________
James Michael Anderson
Date: March 20, 2026
`
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4. FORM 2: Affidavit of Consent (§ 3301(c) Mutual Consent)
INSTRUCTIONS:
- Use this form for mutual consent divorce (both spouses agree)
- BOTH spouses must sign this affidavit
- File AFTER the 90-day waiting period has passed
- Attach to Praecipe to Transmit Record
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:
- We are the parties in the above-captioned divorce action.
- 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).
- 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.
- 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
- 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]
________________________________________________________________________________
COMMONWEALTH OF PENNSYLVANIA )
) ss.
COUNTY OF [COUNTY] )
________________________________________________________________________________
Subscribed and sworn to before me this _____ day of _______________, 202_.
________________________________
Notary Public
My Commission Expires: ___________
[SEAL]
`
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6. FORM 4: Praecipe to Transmit Record
INSTRUCTIONS:
- Use this form to request the court to grant your divorce
- File AFTER all requirements are met (90-day wait OR 2-year separation)
- Attach all required affidavits and agreements
- File with the Prothonotary
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:
- [ ] 90-day waiting period has expired (Section 3301(c))
[ ] Two-year separation requirement has been met (Section 3301(d))
- The following affidavits are attached:
[ ] Affidavit of Consent (both parties)
[ ] Affidavit under Section 3301(d)
- 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]
ATTORNEY INFORMATION (if applicable):
Attorney Name: _________________________
Address: _______________________________
Phone: _______________________ Email: _______________________
`
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7. FORM 5: Waiver of Notice
INSTRUCTIONS:
- Use this form to waive formal service of the Complaint
- ONLY the defendant spouse can sign this
- File at the same time as the Complaint
- Saves time and money on formal service
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: _________________
`
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8. FORM 6: Notice to Defend and Claim Rights
INSTRUCTIONS:
- This form is REQUIRED in Pennsylvania divorce cases
- It warns the defendant spouse of their rights
- Must be attached to the Complaint when filed
- It informs the defendant of the 20-day deadline to file an Answer
BLANK TEMPLATE:
`
________________________________________________________________________________
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
[COUNTY] COUNTY, PENNSYLVANIA
CIVIL DIVISION - FAMILY COURT
________________________________________________________________________________
[YOUR FULL LEGAL NAME], )
Plaintiff, ) Case No.: _______________
)
vs. ) NOTICE TO DEFEND AND CLAIM RIGHTS
[SPOUSE'S FULL LEGAL NAME], )
Defendant. )
________________________________________________________________________________
TO: [SPOUSE'S FULL LEGAL NAME]
[SPOUSE'S ADDRESS]
[CITY, PA ZIP]
YOU HAVE BEEN SUED FOR DIVORCE.
The Complaint in this action was filed on [DATE] in the Court of Common Pleas of [COUNTY] County,
Pennsylvania.
WARNING: YOU HAVE 20 DAYS from the date you receive this Complaint to file an Answer with the Court.
Failure to file an Answer within 20 days may result in the Court entering a default judgment against you
and granting the divorce without further notice to you.
YOUR RIGHTS AND DUTIES:
- YOU HAVE THE RIGHT to consult an attorney of your choice regarding this divorce.
- IF YOU FAIL TO FILE AN ANSWER within 20 days, the Plaintiff may ask the Court to grant the divorce
and resolve issues of property, custody, and support without your participation.
- YOU MAY LOSE IMPORTANT RIGHTS if you do not respond, including:
- Rights to marital property
- Rights to spousal support or alimony
- Rights to child custody
- Rights to parenting time with your children
- The right to present your side of the case
- YOU MAY FILE AN ANSWER with the Court even if you do not hire an attorney. Answer forms are
available at the Prothonotary's Office.
IF YOU HAVE LOW INCOME, you may qualify for free legal assistance. Contact your county legal aid
organization or call the PA Bar Association Lawyer Referral Service at (800) 932-0311.
FOR COURT INFORMATION:
Court Name: Court of Common Pleas of [COUNTY] County
Court Address: [COURT ADDRESS]
Court Phone: [COURT PHONE NUMBER]
Court Website: [COURT WEBSITE, IF ANY]
Date: _________________
________________________________
[YOUR FULL LEGAL NAME], Plaintiff
[ATTORNEY INFORMATION, IF ANY]
`
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*Not legal advice. Jurist-Diction is not a law firm. Templates are jurisdiction-correct.
Verify current law before filing. For legal advice contact a licensed Pennsylvania attorney or legal aid. jurist-diction.com*