Getting divorce in Pennsylvania
Getting a divorce in Pennsylvania is easy because it is a ‘no-fault’ state for divorces. In Pennsylvania two people may end their marriage and file for divorce without specifically stating any fault for the failure of the marriage.
Steps for getting divorce in Pennsylvania:
- In Pennsylvania, if you have an uncontested divorce, you can file for divorce without hiring a lawyer. In uncontested divorce parties sign an agreement about the alimony and child custody, division of property. If any of the spouses is not agree on these terms, they will need to hire a lawyer to represent themselves in divorce court.
- It is important to file a Complaint in the clerk’s Office and pay the filing fee. Along with the Complaint, attach ‘the notice to defend and claim rights’. Take 2 copies of the signed Complaint.
- The clerk takes the original petition and returns 2 copies. One for your personal file and the other for to your spouse. At the end the clerk gives a docket number
- The compliant must serve to your spouse within 30 days of the filing date. If the spouse resides outside this state, then it must be served within 90 days of the filing date.
The compliant must served using the following methods in Pennsylvania
- Personal Service: Any person can hand over the divorce documents of Complaint, notice to defend and claim rights to the other spouse personally and signs an affidavit of service of Form 2a.
- Acceptance of Service: The spouse completes and signs Form 2b. This shows that the spouse personally accepts the divorce documents
- Service by Certified Mail: You can mails the divorce documents by certified mail, return receipt requested, restricted delivery. You also have to complete Form 2c and the returned green card is attached to this form to the court clerk.
For getting a divorce in Pennsylvania, partners have to be residing separate for 2 years. If the partners have completed this condition before filing the petition, then court can proceed with the divorce
- Complete a marital settlement agreement to summarize your agreements regarding the repayment of debt, division of assets, alimony, child support and custody.
- Complete a financial statement from both spouses in the divorce.
- Sign all the legal documents in front of a notary p. Both the spouses will need to be present to sign documents e.g. marital settlement agreement.
- After filing the papers, your spouse will be given the chance to file an answer. After that court schedule the hearing for your divorce.
- You have to attend the court hearing to answer questions about your divorce documents and agreements that you have signed.
- The judge will evaluate your case and may approve your divorce at the hearing. Court sometimes needs you to submit additional information before judgment can be made.
- If you are not satisfied with the current judgment of the court you can appeal for the revaluation process.
Always be prepared with information of property, including when you purchased it, an estimate of value, and information such as account numbers, serial numbers so that it will save your overall time for getting a divorce.
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