Uncontested Divorce Filing Guide

Pennsylvania

A Plain-Language Guide from Jurist-Diction

What This Guide Covers

This guide walks you through filing an uncontested divorce in Pennsylvania when you and your spouse agree on all the terms. Pennsylvania offers two no-fault options: mutual consent or irretrievable breakdown after 1 year of separation.

Reading Level: 8th Grade

Last Updated: March 2026

Before You Start

Do You Qualify?

YES, if:

• You or your spouse has lived in Pennsylvania for at least 6 months before filing
• You and your spouse agree to get divorced
• You agree on all terms (property, debts, etc.)
• There are no minor children OR you both agree on all custody and support terms
• Your spouse is willing to sign all papers

NO, if:

• Your spouse refuses to sign papers
• Your spouse cannot be found
• You cannot agree on terms
• There has been domestic violence or abuse
• Neither party has lived in Pennsylvania for at least 6 months

Choose Your Divorce Type

Pennsylvania has two no-fault divorce options:

Option 1: Mutual Consent (23 Pa.C.S. § 3301(c))

• Best for: Spouses who agree to divorce now
• Waiting period: 90 days from when papers are served (can be waived by both parties)
• Requirements: Both spouses sign affidavits of consent

Option 2: Irretrievable Breakdown (23 Pa.C.S. § 3301(d))

• Best for: Spouses who have been separated for at least 1 year
• Waiting period: None (after 1-year separation requirement met)
• Requirements: 1 year of living separate and apart

Step 1: Get Your Forms

What You Need

You can get forms from:

• Your local Prothonotary's Office (call first)
• Pennsylvania Unified Judicial System website: ujsportal.pacourts.us
• Online legal form services

Forms You'll Need:

Cost: About $100-$250 to file (varies by county)

Step 2: Fill Out the Complaint

The Complaint Form

Top Section (Case Caption):

Write your name as "Plaintiff" and your spouse's name as "Defendant." Include:

• Your county name
• "Court of Common Pleas of [County Name] County, Pennsylvania"
• "Domestic Relations Division"

Body of Complaint:

1. Residence

Write:

• That you have been a bona fide resident of Pennsylvania for at least 6 months before filing
• The county where you live
• That you and your spouse are residents

2. Marriage

Write:

• Date you got married
• Where you got married (city and state)
• Where you last lived together

3. Separation

Write:

• The date you separated
• That you live in different homes now
• That the marriage is irretrievably broken

4. Grounds for Divorce (choose one)

For Mutual Consent:

"Pursuant to 23 Pa.C.S. § 3301(c), the parties mutually consent to the divorce. Both parties acknowledge that the marriage is irretrievably broken and have signed affidavits of consent."

For Irretrievable Breakdown:

"Pursuant to 23 Pa.C.S. § 3301(d), the marriage is irretrievably broken. The parties have lived separate and apart for a period of at least one year, and there is no reasonable prospect of reconciliation."

5. Agreement

Write:

• That you and your spouse have signed a written agreement
• The agreement covers property division, debts, and other issues
• That you want the court to approve the agreement

6. No Children (or Children Agreement)

If no children: "There are no minor children born of this marriage."

If you have children: "All issues regarding custody, partial custody, and child support have been agreed upon in writing."

7. Request for Divorce

Write: "I ask the Court to grant a divorce and approve our settlement agreement."

Step 3: Sign the Verification

What Is Verification?

A Verification is a sworn statement that:

• You are who you say you are
• What you wrote in the Complaint is true
• You are not filing to trick the court

How to Sign

Option 1: Notary Public

• Take the form to a notary public
• Sign in front of them
• They will stamp and sign it
• Cost: About $10-$25

Option 2: Court Official

• Go to the Prothonotary's office
• Sign in front of a court official
• Usually free or small fee

Do NOT sign the Verification until you are in front of a notary or court official!

Step 4: File Your Papers

Where to File

Take your papers to the Prothonotary's Office (or Clerk of Court) in the county where:

• You last lived together with your spouse, OR
• Your spouse currently lives (if different)

What to Bring

1. Original Complaint in Divorce (signed and verified)
2. Notice to Defend and Claim Rights (required in PA)
3. Original Marital Settlement Agreement (both signed)
4. Filing fee (cash, money order, or credit card - call ahead)

What Happens When You File

1. The Prothonotary stamps your papers "Filed" with a date
2. The Prothonotary assigns a docket number
3. Write down your docket number! You will need it for all future steps.

Step 5: Serve Your Spouse

What "Service" Means

Your spouse must receive copies of the legal papers. This gives them a chance to respond.

How to Serve

Best Option: Acceptance of Service

If your spouse is cooperative:

• Give them copies of all filed papers
• Have them sign an "Acceptance of Service" form
• File the signed form with the court
• Usually no cost

Other Options:

Do NOT serve papers yourself! If your spouse has an attorney, their attorney must receive the papers.

Step 6: Affidavits of Consent (Mutual Consent Divorce)

What Are Affidavits of Consent?

For mutual consent divorces, both parties must sign affidavits stating:

• They consent to the divorce
• They acknowledge the marriage is irretrievably broken
• They have signed a settlement agreement

How to Complete

Each spouse must:

1. Complete an Affidavit of Consent form
2. Sign it in front of a notary public
3. File it with the Prothonotary

Timing:

• Affidavits can be filed anytime after the Complaint is served
• Both must be filed before the divorce decree can be entered

Step 7: The 90-Day Waiting Period (Mutual Consent)

If You Do NOT Waive the Waiting Period

After your spouse is served:

• Wait 90 days before filing the divorce decree
• This gives both parties time to change their minds
• After 90 days, file the Praecipe for Decree

If You Waive the Waiting Period

Both parties can agree in writing to waive the 90-day period:

• Include a waiver in your settlement agreement
• File Affidavits of Consent with the waiver language
• Proceed directly to decree after affidavits are filed

Step 8: The Divorce Decree

Uncontested Divorces

Many Pennsylvania counties process uncontested divorces without a hearing. The court reviews your documents and:

• If everything is in order, the Judge signs the Decree of Divorce
• The Prothonotary notifies you when the decree is ready
• You may pick up the decree or have it mailed

Some counties require a brief hearing. If so:

• Both parties must attend
• The Judge will ask basic questions
• Bring all original documents

What the Judge Signs

The Decree of Divorce:

• Grants your divorce
• Approves your settlement agreement
• Makes your divorce official

Step 9: After the Divorce

Get Certified Copies

Why You Need Them:

• To change your name (if applicable)
• To divide retirement accounts
• For real estate transfers
• To update vehicle titles

How to Get Them:

• Contact the Prothonotary's Office
• Request a "Certified Copy of Decree of Divorce"
• Cost: About $5-$15 per copy

Update Your Records

Within 30 days, update:

1. Social Security (if changing name): ssa.gov or 1-800-772-1213
2. Driver's License (name change): PennDOT
3. Vehicle Titles: PennDOT
4. Insurance Companies: Contact each company directly
5. Banks/Financial Accounts: Update your name and beneficiaries
6. Employer: Update HR records

If You Have Children

Even though your divorce is uncontested, you should:

• Keep copies of all custody and support orders
• Follow the parenting plan exactly
• Document any changes in writing

Common Questions

How Long Does This Take?

Mutual Consent Divorce:

Irretrievable Breakdown Divorce (after 1-year separation):

How Much Does It Cost?

What If We Have Children?

The process is mostly the same, but:

• Your settlement agreement must address custody, partial custody, and child support
• The Judge will review the agreement to ensure it's in the children's best interests
• Pennsylvania uses child support guidelines based on both parents' income
• You may need to attend a parenting education program in some counties

Do I Need a Lawyer?

You can file without a lawyer if:

• Everything is agreed
• You have no complex assets
• You understand the forms

Consider a lawyer if:

• Your spouse has a lawyer
• You have significant assets (businesses, large retirement accounts)
• You're not sure if the agreement is fair
• There are tax complications

Need Help?

Pennsylvania Bar Association Lawyer Referral Service

Phone: (800) 932-0311

Website: pabar.org

Pennsylvania Legal Aid Network (free help for low-income residents)

Website: palawhelp.org

Pennsylvania Unified Judicial System Self-Help

Website: ujsportal.pacourts.us

Glossary

Checklist

Use this checklist to track your progress:

• [ ] I have lived in Pennsylvania for at least 6 months
• [ ] I have all the required forms
• [ ] I filled out the Complaint completely
• [ ] I signed the Verification in front of a notary
• [ ] I filed papers with the Prothonotary
• [ ] I have my docket number
• [ ] My spouse was served
• [ ] We both signed Affidavits of Consent (mutual consent)
• [ ] I waited 90 days (or waived it)
• [ ] I received the signed Decree of Divorce
• [ ] I got certified copies
• [ ] I updated all my records

This guide is for informational purposes only and does not constitute legal advice. Laws change, and every situation is different. If you have questions about your specific situation, please consult a licensed Pennsylvania attorney.

Prepared By:

Jurist-Diction

The law, precisely spoken.

Date: March 23, 2026