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Pennsylvania Divorce Packet — LSC-Grade Self-Help Guide

Free legal self-help guide for Pennsylvania residents. This packet provides LSC-grade legal information to help you understand your rights and navigate the court system.

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 NamePurposeWhere to Obtain
Complaint in DivorceStarts the divorce caseCOUNTY PROTHONOTARY Office
Civil Cover SheetCourt administrative formCOUNTY PROTHONOTARY Office
Notice to Defend and Claim RightsNotifies spouse of divorce filingAttached to Complaint
VerificationSworn statement that facts are trueIncluded with Complaint
Form NamePurposeWhen to File
Affidavit of Consent (§ 3301(c))Both spouses consent to divorceAfter 90-day waiting period
Waiver of NoticeSpouse waives formal noticeAt filing or service

For 2-Year Separation Divorce (§ 3301(d))

Form NamePurposeWhen to File
Affidavit Under § 3301(d)Confirms 2-year separationAfter 2 years of separation

To Finalize Divorce

Form NamePurposeWhen to File
Praecipe to Transmit RecordRequests court to grant divorceAfter all requirements met
Decree in DivorceJudge signs to end marriageCourt issues after review

If You Have Children

Form NamePurpose
Custody ComplaintEstablishes custody arrangements
Child Support GuidelinesCalculates support obligations
Parenting PlanDetails custody schedule

If You Own Property Together

Form NamePurpose
Property Settlement AgreementDivides assets and debts
Inventory and AppraisementLists all marital property

Fee Waiver (If You Cannot Afford Fees)

Form NamePurpose
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

  1. Complaint in Divorce
  2. Civil Cover Sheet (from court)
  3. Notice to Defend and Claim Rights (from court)
  4. Verification (included with Complaint)
  1. Affidavit of Consent (both spouses sign)
  2. Marital Settlement Agreement (if you have property)
  3. Waiver of Notice (optional, saves time)
  1. Affidavit under § 3301(d)
  2. Evidence of separation (separate leases, utility bills)
  1. 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)

  • 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

  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. 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

  1. Plaintiff, JAMES MICHAEL ANDERSON, resides at 1234 Walnut Street, Apt 4B, Philadelphia, PA 19103.
  1. Defendant, SARAH ELIZABETH ANDERSON, resides at 5678 Spruce Street, Apt 2C, Philadelphia, PA 19139.
  1. Plaintiff has been a bona fide resident of Pennsylvania for at least six months.
  1. The parties were married on June 15, 2018 in Cape May, New Jersey.
  1. The parties separated on December 1, 2025.
  1. 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

  1. CHILDREN:

[X] Minor children:

  • EMILY ROSE ANDERSON (DOB: March 12, 2020)
  • JACOB MICHAEL ANDERSON (DOB: July 22, 2022)
  1. 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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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:

  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]

________________________________________________________________________________

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:

  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]

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: _________________

`

--- PAGE BREAK ---

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:

  1. YOU HAVE THE RIGHT to consult an attorney of your choice regarding this divorce.
  1. 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.

  1. 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
  1. 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*

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