Fill and Sign the Checklist How to File for Divorce in Pa Forms and

Notice to Defend and Divorce Complaint Form 1 A divorce starts with a Notice to Defend and Complaint . This form can be used if you have an agreement (3301c) or if you have been separated for two years or more (3301d) . Complete Form 1, and follow filing instructions for your county. Divorce Form 1 Notice to Defend and Divorce Complaint Instructions Form 1 – Notice to Defend and Divorce Complaint The numbers on these instructions correspond with the numbers in the boxes on the form. Use the form with the boxes to guide you through filling out the blank form. Box 1: Print the name of the county in which you are filing . Box 2: Print your name . Box 3: Leave blank. The Prothonotary / Clerk’s Office will assign a docket number and write it here. You will use that number in this case from now on. Box 4: Print your spouse’s name . Box 5: Print the address of the courthouse of the county in which you are filing. Box 6: EACH COUNTY HAS DESIGNATED AN AGENCY FOR INFORMATION ABOUT LEGAL SERVICES. CHECK COUNTY RULES OR CONTACT THE COURT ADMINISTRATOR’S OFFICE. Box 7: Print the name of the county in which you are filing. Box 8 : Print your name . Box 9: Leave blank. The Prothonotary / Clerk’s Office will assign a docket number and write it here. You will use that number in this case from now on. Box 10: Print your spouse’s name. Box 11: Print your name. Box 12: Print your street address. Box 13: Print the name of the city or town in which you live. Box 14: Print the name of the county in which you live . Box 15: Print the state in which you live . Box 16: Print the date you began living at your address. Box 17: Print your spouse’s name . Box 18: Print your spouse’s street address . Divorce Form 1 Notice to Defend and Divorce Complaint Instructions Box 19: Print the name of the city or town i n which your spouse lives . Bo x 20 : Print the name of the county in which your spouse lives . Bo x 21: Print the name of the state in which your spouse lives . Box 22: Print the date your spouse began living at his/her addr ess. Bo x 23 : State whether you (Plaintiff) or your spouse (Defendant) or both of you have lived in Pennsylvani a for at least six m onths. Box 24: Print the day, month, and year you and your spouse were married . Box 25: Print t he name of the city in which you were married. Box 26: Print the name of the state and county in which you were married. Box 27: If there have not been any prior court cases for divorce or annulment between the parties, leave the line by Box 27 blank. A pr ior case may have been brought in this county, another county, another state, or anot her country. If t here has been a prior case, write both the name of the juri sdiction ( where the other case was filed), and the docket number of the other case here. Box 28: Write the date on whic h you are signing the complaint. Bo x 29 : After reading and making sure you thoroughly understand the statements you are making in the divorce complaint , sign your name. Bo x 30: Print your nam e, addr ess and telephone number . Counties may require additional information be stated in the Divorce Complaint. F or example, Centre County requires the parties state if they have any children under age 18 because there may be additional requirements for divorcing parents. To check what your county requires, call your Court Administrator’s Office and review your count y’s local Rules of Court. 1 IN TH E CO URT OF COM MON PLEA S OF CO UNTY, PE NN SYLVA NIA CIV IL ACT ION 2 : PLA INT IFF : 3 : Case No. vs. : 4 : IN DIVO RCE : DEF ENDANT : NOTICE TO DEFE ND AND CLA IM RIG HTS You ha ve b een sued in C ourt. If you w ish to defend against the clai ms set forth in the follo wing pa ges, y ou m ust take pro mpt action. You are warned that if yo u fail to do so, the case m ay proceed without you and a decree of di vor ce or annulment may be entered against you by the Court. A judg ment may also be entered agai nst y ou for any other claim or relief requested in these pape rs by the Pl aintiff. You may lose money or property or other rights import ant to y ou, including custody or visitation of your children. When the ground for the di vo rce is in dignities or irretrie vable breakdo wn of the ma rriage, you may req uest ma rriag e counse ling. A list of ma rriage counselors is ava ilable in the Of fice of the Prothonotary at ( Room Num ber – Add ress) IF YOU DO NOT FI LE A CLA IM FOR A LIMON Y, D IVISION OF PROPER TY, LAW YER'S FEES OR EXPEN SES BEF ORE A D IVORCE OR ANNULMENT IS GR ANTED, YOU M AY LO SE THE RI GHT TO CLAIM ANY OF THEM. YOU SHOU LD TAKE THIS PA PER TO YOUR LAWYER AT ONC E. IF YOU DO N OT HAVE A L AW YE R, GO TO OR TELEP HONE THE OF FICE SET F ORTH BE LOW. TH IS OFFI CE CAN PRO VIDE YOU WITH INFORM ATION AB OUT HIRING A L AW YER. IF YOU CANNO T AF FOR D TO HIRE A LAWYER, TH IS OFFI CE MAY BE ABLE TO PRO VIDE YOU WITH INFORM ATI ON A BOUT AGE NCIES TH AT MAY OFF ER LEGAL SERVICES TO ELI GIBLE PERS ONS AT A REDUC ED FEE OR NO FEE. 6 5 Divorce Form 1 Notice to Defend and Divorce Complaint Instructions 7 IN TH E CO URT OF COM MON PLEA S OF CO UNTY, PEN NSYLV ANIA CIV IL ACT ION 8 , : PLAINT IFF : 9 : Case No. vs. : 10 : , : DEF ENDANT : IN DIVO RCE C OM PLA INT FOR DIVO RCE U NDER SECT ION 3301 (c) O R 3301 (d) OF THE DIVO RCE CO DE 11 1. Plaintiff is 12 (Name), w ho currently resides at 13 14 (C ity), ( Street Address), (C ount y), 15 16 (St ate) , since (Date). 17 2. Defendant is 19 21 18 (City), (Nam e), who currently resides at Street Address), 20 (County ), 22 23 (S tate), since (Date). 3. ( ) Plaintiff and /or ( ) Defendant has/ha ve been a bona fide resident (s) in the C om mon we alth for at le ast six months imm ediately pre vious to the filing of this Com plaint. 24 4. The plain tiff and defe ndant were married on (Date) at 25 26 (C ity) (State/Count y). 5. There ha ve been 2 no 7 prior actions of di vorce or for annul ment bet ween the parties, except . 6. The marriage is irret rievably broken. Divorce Form 1 Notice to Defend and Divorce Complaint Instructions 7. Plaintiff has been ad vised that counseling is available and that Plaintiff may have t he right to request that the Co urt require the par ties to part icipate in cou nseling. 8. Plaintiff requests that the Court enter a decr ee of di vorce. I v erify that the state ments made in this Complaint are true and correct . I unde rstand that false state ments herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsw orn falsif ication to au thorities. 28 Da te: Re spe ctfully s ubmitted, 29 Pla intiff’s Signa ture 30 Pla intiff’s Na me (Address) (Address) (Te lep hone) Divorce Form 1 Notice to Defend and Divorce Complaint Instructions IN THE COURT OF CO MMON PLEAS OF __________ _________ CO UNTY, PENNS YLVANIA CIVIL ACTION _______________________________ : PLAINTIFF : : : Case No. ______________ vs. : : IN DIVORCE _______________________________ : DEFENDANT : NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to yo u, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at (Room Number – Address) IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CL AIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, T HIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ___________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ _____________________________________________________________ _________________________________________________________________________ Divorce Form 1 Notice to Defend and Divorce Complaint Rule 1920.71Rule 1920.72AOPC 4.18.16 IN THE C OURT O F COMMO N PLEAS O F __________ _____ _ _ _ _ _ COUNTY, PENNSYLVANIA CIVIL ACTION _______________________________ : PLAINTIFF : : vs. : : Case No. ______________ IN DIVORCE _______________________________ : DEFENDANT : COMPLAINT FOR DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is __________________ _____________(Name) , who currently resides at ______ ___________________________________________ ___________ (Street Address ), __________________________ ___________(City) , ____________ ___________ ( County), ___________________________(State ), s ince ___ ________________________ ____ (Date). 2. Defendant is ____________________________ _____ (Name), who currently resides at _____ ______________________________________________ ________ ( Street Address), ___________________________ __________(City ), ______ ____________ ____ (County), __________________________ (State), since __________________ __________ (Date). 3. 4. The plaintiff and defendant wer e marri ed on ______________________ (Date) at _____________________(City) ___________________________________(State/County). 5. There hav e been no prior actions of divorc e or for annulm ent betw een the parties, except _____________________________________ _____________________________________ . 6. The marriage is irretrievably broken. Plaintiff and/or Defendant has/have been a bona fide resident(s) in the Commonwealth for at least six months immediately previous to the filing of this Complaint Divorce Form 1 Notice to Defend and Divorce Complaint Rule 1920.71Rule 1920.72AOPC 4.18.16 7. Plai ntiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate i n counseling. 8. Plaintiff requests that the Court enter a decree of divorce. 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 aut horities. Respectfully submitted, Date: __________ ________ _____________________________________ Plaintiff’s Signature _____________________________________ Plaintiff’s N ame ______________________________ _______ Street Address City, State and Zip _____________________________________ Telephone _____________________________________ Divorce Form 1 Notice to Defend and Divorce Complaint Rule 1920.71Rule 1920.72AOPC 4.18.16