Nearly everyone knows someone who is divorced or interested in getting a divorce. The statistics make it clear that almost half of all marriages end in divorce. With so many divorces on the docket each year, the easiest and quickest way to get a divorce is to file for an uncontested divorce in Pennsylvania. An uncontested divorce means that no one will contest the proceedings, and both parties agree to the terms of the divorce. Filing for an uncontested divorce can lead to a less stressful divorce process and a faster conclusion. Uncontested divorces are faster and easier for everyone because both sides agree on the terms and conditions of the divorce. If you’re thinking about getting a divorce and you and your spouse agree, we’ve provided some tips below to help you get started with your uncontested Pennsylvania divorce.
Filing for an Uncontested Divorce in PA
Filing for a mutual or no contest divorce requires both parties to construct an argument stating that the marital issues are irreconcilable and that both parties agree to the facts included in an associated affidavit. Once that document is filed with the court, both parties are then required to write another statement consenting to the divorce. Once all the required documents have been submitted to the court and reviewed, the court will finalize the divorce. Uncontested divorces are an option whether you have children or not, so don’t let a dynamic life make you worry you won’t qualify. As long as you and your spouse have worked out the details of your custody agreement, they can be filed separately or together once you’ve decided you’ve completed your parenting plan. Financial issues like alimony and property division must be handled before an uncontested divorce is completed. It’s wise to start on your financials early on in the process because it will take a long time to complete.
Serving Your Spouse
Once your documents are completed and filed with The Clerk of Court’s office, there will be three copies of the petition. One copy will remain with the court, you will keep one, and one set will be stamped and served to your spouse. Depending on your relationship with your spouse, you can choose to deliver the petition or have them served. You can also choose to send it using a certified mail service through your local post office. Pennsylvania only allows 30 days from the filing date to have your spouse served. Once your spouse has been served, you will need to file the associated Acceptance of Service paperwork with the clerk’s office.
Consents and Documents
There are other required documents that you must also complete before your divorce can be finalized. You have 90 days from your filing date for you and your spouse to sign the Affidavit of Consent and Waiver of Notice. Once everything is signed, paperwork also needs to be filed like your other paperwork with the clerk’s office. According to Pennsylvania law Pa.R.C.P. No. 1920.42(a)(1)(iv), (a)(2)(i), (b)(1)(v), (b)(2)(i), (c)(1)(v), and (c)(2)(i), the last steps of your uncontested divorce require filing a Praecipe to Transmit Record and Final Decree of Divorce. You will have to pay a fee to file these documents, which is based on your income.
Finalizing Your Uncontested Divorce in PA
After you’ve completed all the steps and forms we’ve outlined, your divorce is officially filed. All that is left is for a judge to decide about the accuracy of your filing and to ensure it’s not a fraudulent claim. The judge will sign your divorce decree after their review, and it will be on file with the clerk’s office. Once it’s on file with the clerk, you are officially divorced.
Divorce is Complicated, So Get Some Help
As you can see from the complicated steps and multitude of paperwork outlined above, divorce is a complicated process, and it’s easy to miss steps or have a filing error that prevents your timely divorce. All it takes is a single error in your filing or a missed deadline to derail or prolong your divorce timeline.
Why take the risk when you can contact Cairns Law Group, the home of the no-fault divorces $299 uncontested divorce? Our fee even includes court costs, and you can complete your paperwork and file everything online. Call us today at (888) 863-9115 for more information or if you have questions about our eDivorce program.
