Pennsylvania Uncontested No-Fault Divorce — Complaint + Decree Filing Packet (§ 3301(c) Mutual Consent / § 3301(d) Separation)

PENNSYLVANIA UNCONTESTED NO-FAULT DIVORCE — FILING PACKET

PART 1 — PRE-FILING RESIDENCY & TRACK SELECTION

Residency (23 Pa.C.S. § 3104)

☐ One Party has been a bona fide resident of Pennsylvania for at least 6 months preceding filing.

Select track:

Initial inventory:

☐ Marital property (acquired during marriage to separation date; § 3501)
☐ Marital debts
☐ Real property (deeds, mortgages)
☐ Retirement accounts (pensions, 401(k), IRA) — QDRO potentially required
☐ Spousal support / alimony pendente lite / alimony desired? (§ 3701, § 3702)
☐ Minor children — child support per Pa.R.C.P. 1910.16-1 (statewide guidelines); custody (Pa.R.C.P. 1915 series)
☐ Counseling requests — § 3302

Filing-fee estimate: approximately $300–$400 depending on county (Prothonotary fee schedule); add 1–2 counts as needed.

PART 2 — COURT CAPTION

IN THE COURT OF COMMON PLEAS OF [____________] COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW (DIVORCE)
No.: [________________________________]

PART 3 — NOTICE TO DEFEND AND CLAIM RIGHTS (Front Page)

NOTICE TO DEFEND AND CLAIM RIGHTS

You have been sued in court to end your marriage. The complaint against you also asks the court for additional relief, such as ☐ alimony ☐ equitable distribution ☐ child support ☐ child custody ☐ counsel fees and costs.

If you do not file a defense with the court within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing your defenses or objections to the claims set forth against you, a divorce or annulment may be granted, and additional relief sought in the complaint may be ordered.

You should take this paper to your lawyer at once. If you do not have a lawyer, telephone the office set forth below to find out where you can get legal help. [County Bar Association Lawyer Referral]: [____________].

PART 4 — COMPLAINT IN DIVORCE

COMPLAINT IN DIVORCE

Plaintiff, by [self/counsel], avers:

1. Plaintiff resides at [____________________________________________________________].

2. Defendant resides at [____________________________________________________________].

3. Residency. ☐ Plaintiff ☐ Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months before the filing of this Complaint, in compliance with 23 Pa.C.S. § 3104.

4. Marriage. The Parties were married on [__/__/____] in [____________________].

5. Date of separation. The Parties separated on [__/__/____].

6. Children. ☐ There are no children of the marriage. ☐ The minor child(ren) of the marriage are:

7. Military service. Defendant ☐ is ☐ is not in the active military service of the United States.

8. Prior actions. ☐ No previous action for divorce or annulment has been filed by either Party against the other. ☐ The following: [_______________].

9. Grounds for Divorce:

COUNT I — Divorce under 23 Pa.C.S. § 3301(c) (Mutual Consent):
Both Parties consent to the entry of a divorce decree. The marriage is irretrievably broken. After ninety (90) days from the date of service of the Complaint, each Party will execute an Affidavit of Consent.

OR

COUNT I — Divorce under 23 Pa.C.S. § 3301(d) (Irretrievable Breakdown):
The marriage is irretrievably broken. The Parties have been separated since [__/__/____], a period of at least one year (separation date on or after December 5, 2016) ☐ or at least two years (separation prior to December 5, 2016).

COUNT II — Equitable Distribution (23 Pa.C.S. § 3502): ☐ Plaintiff requests equitable distribution of marital property. ☐ Waived pursuant to settlement.

COUNT III — Alimony (23 Pa.C.S. § 3701): ☐ Plaintiff requests alimony. ☐ Waived.

COUNT IV — Alimony Pendente Lite / Spousal Support: ☐ Requested ☐ Waived.

COUNT V — Counsel Fees, Costs, and Expenses (23 Pa.C.S. § 3702): ☐ Requested ☐ Waived.

COUNT VI — Resumption of Prior Surname (23 Pa.C.S. § 3704): ☐ Plaintiff requests resumption of: [________________________________].

COUNT VII — Child Custody / Child Support: As applicable, requests under Pa.R.C.P. 1915 / 1910 series.

WHEREFORE, Plaintiff requests the Court enter a Decree in Divorce dissolving the bonds of matrimony between the Parties and granting the additional relief sought above.

VERIFICATION

I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: [__/__/____]
[________________________________] Plaintiff

PART 5 — SELF-REPRESENTED PARTY ENTRY OF APPEARANCE

The undersigned Plaintiff enters her/his appearance in this matter pro se. All notices and papers may be served at:
[____________________________________________________________]
Telephone: [________________________________] Email: [________________________________]

Date: [__/__/____] Plaintiff: [________________________________]

PART 6 — SERVICE OF ORIGINAL PROCESS (Pa.R.Civ.P. 1930.4 / 400 series)

Acceptable methods:
☐ Personal service by sheriff or competent adult.
☐ Certified mail, restricted delivery, return receipt within the Commonwealth (rule 1930.4(a)(2)).
☐ Acceptance of Service — Defendant signs acceptance acknowledging receipt of Complaint.
☐ Service outside Pennsylvania — by any form of mail requiring return receipt.
☐ Service by publication — by court order after diligent search.

Affidavit of Service must be filed with the Prothonotary as proof.

PART 7 — § 3301(c) MUTUAL-CONSENT TRACK PAPERS

A. AFFIDAVIT OF CONSENT (each Party signs separately)

I, [________________________________], being duly sworn, depose:

1. The marriage between the Parties is irretrievably broken.
2. I consent to the entry of a final decree of divorce.
3. At least 90 days have elapsed since the Complaint in Divorce was served on the Defendant.
4. I understand that this Affidavit is not valid unless filed with the Prothonotary within thirty (30) days of execution.

[________________________________] Date: [__/__/____]
Sworn and subscribed before me [Notary].

B. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE (Form)

I, [________________________________], waive my right to receive notice that the other Party intends to request entry of a final divorce decree. (Pa.R.C.P. 1920.42(a)(2))

[________________________________] Date: [__/__/____]
(Signed by each Party — optional but accelerates entry.)

C. NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD (§ 3301(c)(1))

(Used if Waiver above not signed.) Plaintiff hereby notifies Defendant that, after twenty (20) days, Plaintiff will file a Praecipe to Transmit Record for entry of a divorce decree.

Date: [__/__/____] [________________________________] Plaintiff

PART 8 — § 3301(d) IRRETRIEVABLE-BREAKDOWN TRACK PAPERS

A. AFFIDAVIT UNDER 23 Pa.C.S. § 3301(d)

I, [________________________________], the Plaintiff, depose:

1. The marriage of the Parties is irretrievably broken.
2. The Parties have lived separate and apart since [__/__/____], a period of at least one (1) year (or two (2) years if separation began before December 5, 2016).
3. ☐ The Defendant does not deny the allegations.
4. ☐ The marital settlement issues are resolved by Agreement of [__/__/____].

[________________________________] Date: [__/__/____]
Sworn before [Notary].

B. COUNTER-AFFIDAVIT (Form)

Defendant, [________________________________], states:
☐ I do not contest the averments of the Affidavit under § 3301(d).
☐ I deny the marriage is irretrievably broken.
☐ I deny the Parties have been separated for the required period.
☐ I object to entry of divorce because economic claims remain unresolved.

Date: [__/__/____] [________________________________] Defendant

C. NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD (§ 3301(d))

Plaintiff hereby notifies Defendant that, after twenty (20) days from service of this Notice, Plaintiff will file a Praecipe to Transmit the Record for entry of a divorce decree under § 3301(d).

Date: [__/__/____] [________________________________] Plaintiff

PART 9 — MARITAL SETTLEMENT / PROPERTY SETTLEMENT AGREEMENT

PROPERTY SETTLEMENT AGREEMENT

This Agreement is made on [__/__/____] between [PLAINTIFF NAME] and [DEFENDANT NAME].

Article I — Equitable Distribution of Marital Property (23 Pa.C.S. § 3502)

To Plaintiff:

• [____________________________________________________________]

To Defendant:

• [____________________________________________________________]

Article II — Marital Debts

Plaintiff shall pay (and hold Defendant harmless):

• [____________________________________________________________]

Defendant shall pay (and hold Plaintiff harmless):

• [____________________________________________________________]

Article III — Real Property

☐ None.
☐ Marital residence at [_______________]: ☐ to Plaintiff ☐ to Defendant ☐ sold; net proceeds [____]%/[____]%.

Article IV — Retirement Accounts

☐ Each Party retains his/her own.
☐ [_______________] retirement account divided [____]%/[____]% by Qualified Domestic Relations Order (QDRO).

Article V — Alimony (23 Pa.C.S. § 3701)

☐ Both Parties waive alimony permanently.
☐ [Payor] pays $[__________]/month for [____] months ending [__/__/____].

Article VI — Counsel Fees and Costs

☐ Each Party bears own.

Article VII — Child Custody (if applicable) — 23 Pa.C.S. Ch. 53

• Legal custody: ☐ Shared ☐ Sole to [_________]
• Physical custody: ☐ Shared ☐ Primary to [_________]
• Partial custody / visitation schedule: [____________________________________________________________]

Article VIII — Child Support (Pa.R.C.P. 1910.16 guideline)

• Obligor: ☐ Plaintiff ☐ Defendant
• Guideline monthly support: $[__________]
• Health insurance: provided by ☐ Plaintiff ☐ Defendant
• Unreimbursed medical: split [____]%/[____]%
• Dependency exemption: [____________]

Article IX — Resumption of Prior Name (23 Pa.C.S. § 3704)

☐ Plaintiff resumes name: [________________________________].

Article X — Mutual Releases

Each Party releases the other from all claims arising from the marriage except as provided herein, including under the elective share / surviving spouse rules of 20 Pa.C.S. § 2203.

Article XI — Incorporation / Merger

☐ This Agreement shall be incorporated but not merged into the Decree and shall survive as an enforceable contract.
☐ This Agreement shall be incorporated and merged into the Decree.

Plaintiff: [________________________________] Date: [__/__/____]
Defendant: [________________________________] Date: [__/__/____]

[Notary acknowledgments]

PART 10 — FINANCIAL DISCLOSURE (Pa.R.C.P. 1920.31 / Inventory)

Each Party must serve, within 20 days of service of a request (and at least 30 days before entry of equitable-distribution order):

For an uncontested case where the Property Settlement Agreement disposes of everything, the Parties typically file an Inventory or stipulate to its waiver per the agreement.

PART 11 — AFFIDAVIT OF NON-MILITARY SERVICE

I, [________________________________], being duly sworn, depose:

1. I am the Plaintiff.
2. Based on my personal knowledge ☐ and/or a search of the Department of Defense Manpower Data Center (https://scra.dmdc.osd.mil), Defendant is not in the active military service of the United States.
3. The attached DMDC SCRA status report (dated [__/__/____]) confirms Defendant's non-military status.

[________________________________] Sworn before [Notary], Date: [__/__/____]

PART 12 — PRAECIPE TO TRANSMIT RECORD

PRAECIPE TO TRANSMIT THE RECORD (§ 3301(c) or (d))

TO THE PROTHONOTARY: Please transmit the record to the Court for entry of a divorce decree. The record contains:

☐ Complaint in Divorce, filed [__/__/____]
☐ Affidavit / Proof of Service, filed [__/__/____]
☐ For § 3301(c)(1): Affidavits of Consent of both Parties, filed within 30 days of execution
☐ For § 3301(d): Affidavit under § 3301(d) plus Counter-Affidavit (or proof of service of Notice of Intention)
☐ Waiver of Notice of Intention to Request Entry of Divorce Decree (if applicable)
☐ Notice of Intention to File Praecipe (if no waiver) — served at least 20 days prior
☐ Affidavit of Non-Military Service
☐ Property Settlement Agreement (incorporated/merged)
☐ Proposed Decree in Divorce
☐ Praecipe filing fee paid

I certify all required documents have been served on Defendant. Date: [__/__/____]
[________________________________] Plaintiff (or Counsel)

PART 13 — DECREE IN DIVORCE

DECREE IN DIVORCE

AND NOW, this [____] day of [____________], 20[__], upon consideration of the Complaint in Divorce, all supporting affidavits, and the record:

IT IS HEREBY ORDERED AND DECREED that [PLAINTIFF NAME] and [DEFENDANT NAME] are DIVORCED from the bonds of matrimony under 23 Pa.C.S. § 3301(c) ☐ § 3301(d) ☐.

IT IS FURTHER ORDERED that:

• The Property Settlement Agreement dated [__/__/____] is ☐ incorporated but not merged ☐ incorporated and merged into this Decree and the Parties shall comply with its terms;
• ☐ Plaintiff is permitted to resume the prior surname: [________________________________];
• ☐ Each Party shall bear their own costs and counsel fees;
• ☐ Court retains jurisdiction over child support, custody, and enforcement matters as permitted by law.

BY THE COURT,

[________________________________] J.

PART 14 — STEP-BY-STEP FILING PROCEDURE

1. Confirm residency (6 months PA, § 3104) and select track (§ 3301(c) or (d)).
2. Prepare: Complaint in Divorce; Notice to Defend; Verification; Self-Represented Entry of Appearance.
3. File with the Prothonotary of the Court of Common Pleas in the county of residence. Pay filing fee (~$300–$400).
4. Serve Defendant within 30 days (PA) / 90 days (outside PA) per Pa.R.C.P. 1930.4 — sheriff, certified mail RRR, acceptance of service, or competent adult.
5. File Affidavit/Acceptance of Service with Prothonotary.

§ 3301(c) Mutual Consent path:

6. Wait 90 days from date of service.
7. Both Parties execute Affidavits of Consent; each Party signs Waiver of Notice of Intention (or, alternatively, Plaintiff serves Notice of Intention and waits 20 more days).
8. File Affidavits of Consent (within 30 days of execution) + Waivers (or Notice) + Affidavit of Non-Military Service + Property Settlement Agreement + Praecipe to Transmit Record + Proposed Decree.

§ 3301(d) Separation path:

6. Confirm separation period (1 yr post-Dec. 5 2016; 2 yrs if earlier).
7. File Affidavit under § 3301(d) + serve Counter-Affidavit form on Defendant + Notice of Intention to File Praecipe to Transmit Record.

8. Wait 20 days. If no objection, file Praecipe to Transmit Record + Proposed Decree + Property Settlement Agreement + Affidavit of Non-Military Service.

9. Judge reviews and signs Decree.

10. Prothonotary enters Decree. Obtain certified copies.
11. Post-decree: record deeds; submit QDROs to plan administrators; update beneficiaries, SSA name change, PennDOT (driver's license), passport.

PART 15 — KEY STATUTES & RULES

• Title 23 Pa.C.S. (Domestic Relations) §§ 3101–3707
• 23 Pa.C.S. § 3104 (Jurisdiction; residency); § 3301 (Grounds); § 3501–3502 (Marital property; equitable distribution); § 3701 (Alimony); § 3702 (Counsel fees); § 3704 (Resumption of name)
• Pa.R.Civ.P. Chapter 1920 — Divorce procedure; 1920.42 — § 3301(c)/(d) procedure
• Pa.R.Civ.P. Chapter 1910 — Support
• Pa.R.Civ.P. Chapter 1915 — Custody
• Pennsylvania Courts Self-Help: Divorce Proceedings — https://www.pacourts.us/learn/representing-yourself/divorce-proceedings
• Servicemembers Civil Relief Act (SCRA) — https://scra.dmdc.osd.mil

Disclaimer: This template is for general informational purposes only and is not legal advice. Pennsylvania divorce procedure is county-specific (Prothonotary practices vary). Use the current statewide forms from pacourts.us and applicable county forms. Consult a licensed Pennsylvania family-law attorney before filing.