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Pennsylvania Uncontested Divorce Online  


Uncontested Divorce Online


Before you start completing your uncontested divorce forms with us, please read all the requirements for Pennsylvania divorce. Make sure that your situation matches all the requirements. Uncontested Divorce Forms Online


Requirements for Pennsylvania divorce

Residency Requirements:
In order to file a divorce in Pennsylvania, one spouse must have been a resident of Pennsylvania for at least 6 months prior to filing. [Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3104].
Legal Separation:
Pennsylvania recognizes that separation agreements are binding if the terms are reasonable. There is no residency requirement specified by statute. [Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3301].
General Divorce Procedure:
The spouses may file for divorce on the ground of irretrievable breakdown of the marriage. If both spouses consent to the divorce, it will be handled in an expedited manner. In addition, separation agreements are expressly authorized. There are official sample forms for filing a complaint for divorce on the grounds of irretrievable breakdown of the marriage. There are also official forms available for filing the required affidavit of consent. There are also other sample divorce proceeding forms available in Pennsylvania Rules of Civil Procedure, Actions of Divorce of Annulment Section, Rule 1920.01. In addition, separation agreements are expressly authorized. [Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3301 and Pennsylvania Rules of Civil Procedure; Rules 1920.01].
Mediation or Counseling:
If the Pennsylvania court determines that there is a reasonable prospect for reconciliation, it may order the spouses to seek counseling for a period of between 90 and 120 days. One of the spouses may request three counseling sessions. A divorce may be granted if no reconciliation is reached, and one of the spouses states that the marriage is irretrievably broken. Counseling sessions may also be ordered by the court for child custody issues and are mandatory if a parent has been convicted of a violent or abusive crime. [Pennsylvania Consolidated Statutes Annotated; Title 23, Sections 3302 and 5303].
  Uncontested Divorce Forms Online

Grounds for Pennsylvania Divorce:

Pennsylvania recognizes no-fault grounds of Irretrievable breakdown of the marriage with spouses living separate and apart without cohabitation for 2 years, or irretrievable breakdown of the marriage and signed and filed affidavits stating that the spouses consent to the divorce. In addition, 90 days must elapse after filing before a divorce will be granted. [Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3301].
Fault-based grounds for divorce include:
    1) Adultery;
    2) bigamy;
    3) imprisonment for 2 or more years;
    4) confinement for incurable insanity for 18 months;
    5) willful desertion for 1 year;
    6) cruel and inhuman treatment endangering the life of the spouse;
    7) personal indignities.
[Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3301 and Pennsylvania Case Law].
Where to file for divorce:
File your request in the county where the defendant resides; or where the defendant resides if plaintiff lives outside the state; or where the marriage home was, if plaintiff continuously resided in the same county; but only prior to 6 months after separation, and if the defendant agrees, where the plaintiff resides; or prior to 6 months after separation, and if neither spouse lives in the county of the marriage home, where either spouse lives; or after 6 months after separation, where either spouse lives.
Title of Divorce action:
Complaint for Divorce.
Rights to Maiden Name:
Either spouse may restore their former name upon written notice filed with the clerk of Court where the divorce was entered.
Go to "Change Name" service
Filing Fees:
Court filing fees are in addition. Please check with your local courthouse to determine the exact amount.
Uncontested Divorce Forms Online

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  Related FAQ's

* Must I go to court?
* What is the difference between no-fault divorce and uncontested divorce?
* What are the Residency requirements for filing for divorce?
* Marital Settlement Agreement... What is it?
* What about alimony?
* How is child custody decided?
* When can I remarry after divorce?
* Can I change my child's name upon divorce?
* How is property divided, including retirement funds?

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