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Uncontested Divorce in Pennsylvania
Requirements for an Uncontested Divorce in Pennsylvania
In Pennsylvania, an uncontested divorce is often referred to as a “no-fault mutual consent divorce.” To qualify, you and your spouse must meet the following:
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Residency:
Either spouse must have lived in Pennsylvania for at least 6 months before filing.
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Grounds for Divorce
The most common ground for an uncontested divorce is mutual consent (Section 3301(c) of the Divorce Code), where:-
The marriage is irretrievably broken, and
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Both spouses agree to the divorce in writing
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Full Agreement:
You must agree on all key terms before the divorce can proceed:-
Property and debt division
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Alimony (if any)
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Child custody, support, and parenting time (if applicable)
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Steps to File for an Uncontested Divorce:
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Complete the Required Forms
Key documents include:
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Complaint in Divorce
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Notice to Defend and Claim Rights
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Verification
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Affidavit of Consent (signed by both spouses, no sooner than 90 days after filing)
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Waiver of Notice of Intention to Request Entry of Divorce Decree
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Settlement Agreement (optional but recommended)
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Final Divorce Decree
Forms available here: https://www.pacourts.us/forms/for-the-public
2. File the Divorce Complaint
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File with the Court of Common Pleas in the county where either spouse lives.
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Pay the filing fee, usually $300–$400, depending on the county.
3. Serve the Divorce Complaint
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Serve the other spouse within 30 days (or 90 days if they live out of state).
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If they agree to the divorce, they can sign and return the Acceptance of Service.
4. Wait 90 Days
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You must wait 90 days after service before filing the Affidavits of Consent.
5.Submit Final Documents
After 90 days and once both spouses have signed the Affidavits of Consent, submit:
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Affidavits of Consent
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Waivers of Notice
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Final Divorce Decree
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Property Settlement Agreement (if applicable)
6. Court Issues Divorce Decree
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If everything is in order, the judge will issue a Final Decree in Divorce without a hearing.
Cost Considerations
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Filing Fee: $300–$400 (varies by county)
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Attorney Flat Fee: $500–$1,200 (optional)
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Online Divorce Services: $150–$300
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Fee Waiver: Available if you qualify (called In Forma Pauperis)
Important Considerations
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With Children:
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Submit a Parenting Plan, Child Support Guidelines Worksheet, and possibly attend a parenting seminar
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Custody arrangements must reflect the best interest of the child
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Property Division:
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Pennsylvania follows equitable distribution—fair division, not necessarily equal
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If property issues are not resolved before the divorce is final, they may be waived forever
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Legal Review Advised:
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Especially for cases involving real estate, pensions, or children
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