|How much is the filing fee in Pennsylvania?|
The filing fee charged by the Court is NOT included in the DivorceWriter price.|
The divorce filing fee varies from county to county, but typically ranges from $125.00 to $350.00 in Pennsylvania.
|How do I serve my spouse with the divorce papers in Pennsylvania?|
|Service is completed by mailing the divorce documents to your spouse by Certified Mail with a return-receipt requested.|
|What are the basic steps to getting a divorce in Pennsylvania?|
1. Complete the DivorceWriter interview, providing accurate information that meets with the agreement you and your spouse have reached. |
2. One spouse files the necessary forms and serves them on the non-filing spouse, either by certified mail with a return-receipt requested or by hiring a Sheriff or private process server
3.Both spouses sign their own Affidavit of Consent and file them with the Clerk/Prothonotary.
4. There is a 90-day waiting period from the date your spouse is served, after which you should receive the signed divorce decree in the mail from the Court finalizing your divorce.
|I have already filed for divorce in Pennsylvania. Why do I have to wait 90 days before having our Affidavits of Consent notarized?|
Both Plaintiff and Defendant must wait ninety (90) days from the date the Complaint in Divorce was served on Defendant before signing their own Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree in front of a Notary Public. In calculating the 90 days, count the day after Defendant signed for the documents, using the date listed on the green return-receipt, as the first day. |
In addition, the Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree of both Plaintiff and Defendant must be filed with the Clerk within thirty (30) days from the date the first spouse signed his or her Affidavit.
Note: While state law sets forth the aforementioned 90-day waiting period before signing as well as the requirement that, once signed, the documents must be filed within 30 days, it does not set forth a limit after the 90-day waiting period within which the documents must be signed. Thus, you are not required to sign the documents on the 90th day nor even within any set period after the 90th day. More information on the 90-day waiting period prior to signing the Affidavit of Consent in front of a Notary Public is available at Pa. Code Rule 1920.42.
|Will either of us be required to attend a court hearing?|
|No. Generally, if both spouses are in agreement on all matters concerning the division of property and debts as well as any minor or dependent children, a hearing is not necessary to obtain a divorce in Pennsylvania.|
|In which county can I file my divorce?|
The term "venue" refers to the county where the divorce can be properly filed. Most commonly, divorces in Pennsylvania are filed in the county where the Defendant or the Plaintiff lives. Pa. Rule 1920.2 states that divorces in Pennsylvania may be filed only in the county:|
|What documents are included in the self-prepared Pennsylvania DivorceWriter package?|
All standard Pennsylvania DivorceWriter packages, EXCEPT Philadelphia County, include:|
Plus, customers with children will also receive:
|What are the Pennsylvania residency requirements for filing for divorce?|
|You may file for divorce in Pennsylvania if you or your spouse have lived in Pennsylvania for at least six (6) months immediately before filing for divorce.|
|What documents are included in the self-prepared Philadelphia DivorceWriter package?|
The standard Philadelphia County DivorceWriter package includes:|
Additionally, customers with dependent children will also receive:
|Where do I file the divorce documents in Pennsylvania?|
|In Pennsylvania, divorces are filed in the Common Pleas Court.|
|How long does it usually take to finalize a divorce?|
|In a Pennsylvania mutual consent divorce, where both spouses are working together and are in agreement on all issues, they can submit the documents to finalize the divorce ninety (90) days after the Complaint in Divorce is served on Defendant. Then, it generally takes fourteen (14) days from the date the final docs are submitted to receive the Final Decree of Divorce signed by the Judge in the mail.|
|What is the Education Program for Separated Parents?|
|The Education Program for Separated Parents is a four-hour seminar to help parents understand a child's needs in relation to divorce and separation. The program is mandated by order of court for all actions in custody and divorce with children under the age of 18 years or such other cases as the court directs in the for Perry, Mifflin, and Juniata Counties. Education Program for Separated Parents, Mastrofski Court and Educational Consulting, P.O. Box 615, State College, PA 16804|
|I received a court notice indicating that I have failed to raise ancillary claims by the pleadings precluding incorporation. What options do I have?|
The term "incorporation" refers to the Property Settlement Agreement becoming part of, or incorporated into, the Final Divorce Decree. If the court advises that a failure to raise an ancillary claim by the pleadings has precluded incorporation, one of the three options set forth below should result in the court finalizing the divorce. The first two options are methods for getting the court to incorporate the Property Settlement Agreement. The third, and generally easiest option, asks the court to finalize the divorce without incorporation.|
|I heard that my spouse and I must be separated for two years in order to get a divorce in Pennsylvania. Is that correct?|
|No. To obtain a divorce in Pennsylvania, you may file for divorce on the grounds of 3301(c), which is for couples who both agree to the divorce, or 3301(d), which is for couples who have been separated for two years, regardless of whether both spouses agree to the divorce. DivorceWriter is designed for customers who wish to seek a divorce on the grounds of mutual consent under 231 Pa. Code 3301(c). There is no separation requirement for 3301(c) divorce. The step-by-step filing procedures included in your DivorceWriter package provides detailed information on how long it takes to obtain a divorce on the grounds of a mutual consent 3301(c) divorce.|
|Do we have to be separated to get a divorce in Pennsylvania?|
No. To obtain a divorce in Pennsylvania, you may file for divorce on the grounds of 3301(c), which is for couples who both agree to the divorce, or 3301(d), which is for couples who have been separated for two years, regardless of whether both spouses agree to the divorce. DivorceWriter is designed for customers who wish to seek a divorce on the grounds of mutual consent under 231 Pa. Code 3301(c). There is no separation requirement for 3301(c) divorce. The step-by-step filing procedures included in your DivorceWriter package provides detailed information on how long it takes to obtain a divorce on the grounds of a mutual consent 3301(c) divorce.|
The term "separation date" sometimes refers to the date when the spouses stopped living at the same residence. However, in instances where the spouses continue to live at the same residence, the separation date may refer to the date that the spouses decided to end their marriage, which may be today's date if the decision was made today.
|What is the no-fault grounds for divorce in Pennsylvania?|
|DivorceWriter is designed for customers who wish to seek a divorce on the grounds of mutual consent under 231 Pa. Code 3301(c).|
|CUSTODY, VISITATION, SUPPORT|
|How is child support calculated in Pennsylvania?|
Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.|
Additional information on the calculation of child support can be found at: www.pacode.com
|Can child support be modified after a divorce is finalized?|
Parents can petition the court for a review and modification of their child support order at any time that they feel there is a change in circumstance. Some factors that may change a child support order are: |
Information on the child support modification process in Pennsylvania is available
|Additional Information on Child Support|
|Additional information on child support is available at: www.pacode.com|
|Is it better to leave our minor children out of the divorce?|
The easiest way to get a divorce in Pennsylvania is to use the no children forms, even if you and your spouse have minor children together. That's because unlike all other states, Pennsylvania judges prefer that issues involving minor children like child support, child custody and parenting time/visitation not be included in the divorce. If you include them in your divorce, in some counties the prothonotary will automatically reject the paperwork.|
If the prothonotary in your county allows you to file a divorce complaint that include counts requesting child support or child custody, you will be charged additional filing fees per count.
More information is available here.
|I listed the child care expenses in the online interview, but don't see them in the Child Support Worksheet I received. Are they included in the child support calculation?|
Yes. The Pennsylvania Child Support Guidelines set forth the amount of support which a spouse or parent should pay on the basis of the net monthly income of both spouses and the number of persons being supported. Any child care expenses listed in the DivorceWriter online interview are applied to the Pennsylvania Child Support Guidelines formula and the result obtained from that formula is then listed on Line 14a of the Child Support Worksheet. Only the amount of child support to be paid by the parent paying support is actually included in the child support portion of the Marital Settlement Agreement.|
If you have additional questions on the calculation of child support in Pennsylvania, you may wish to consult the Pennsylvania Code.
|PROPERTY AND DEBTS|
|Can we customize our documents to fit our plans for our real estate?|
|The DivorceWriter online interview allows customers to list not only the street address, c... more|
|What if one spouse is living in a foreign country?|
|If your spouse is able to receive documents in the mail and is willing to sign and return ... more|
|What if one spouse is in the military?|
|If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more|