What You Need To File for Divorce in Pennsylvania
Dealing with a divorce is never simple. To make this stressful experience a little easier to bear, it’s important to consult with a professional divorce attorney in Newfoundland.
At the Clause Law Group, we can guide you through the entire process involved in filing for divorce in Pennsylvania. Whether you want to consult on a child custody dispute or don’t understand the documents you have to turn in to jumpstart your divorce proceedings, visit our website today for more information.
What Documents Are Required To File for a Divorce in Pennsylvania?
The trauma of a divorce can pervade all aspects of your life, impacting your emotional, physical, financial, and mental health. From figuring out where your kids will attend school to arguing about how much each side pays, there are many disputes and stressful situations that can crop up. Trying to understand all the legal terms and document requirements feels like just one more hurdle to overcome.
The involvement of children, your grounds for divorce, the type of divorce, and other factors will all determine which documents you need to file for a divorce in Pennsylvania. To gain a better understanding of the PA divorce process, you should start by learning about the following documents. Then, gather the documents you need so that your divorce proceedings go as smoothly as possible.
Complaint in Divorce
The Complaint in Divorce is necessary to start your legal case. It says that you are seeking a divorce and states the grounds for your divorce. Similarly, it will include any special requests about your property or custody arrangements.
Once it has been created, it must be filed in the right county and served to your spouse. In Pennsylvania, you or your spouse must be a resident of the state for at least six months before you can file for a divorce.
Notice to Defend and Claim Rights
This document is given to the other spouse, letting them know that they are being sued for divorce. It will tell them that they have a right to respond and that not responding can cause the divorce to go through. Legally, this document must be served with the Complaint in Divorce.
Verification Form
This document is required in most divorce filings and confirms the information in your complaint.
Affidavit of Separation
If you’ve been separated for a year and your spouse won’t agree to the divorce, this affidavit demonstrates that your marriage is irretrievably broken. With this document, you don’t need to get your soon-to-be-former spouse’s agreement.
Affidavit of Consent
This is used in mutual consent divorces. Both spouses must sign a statement that says they agree to the divorce and that the marriage is irretrievably broken. However, this can only be signed after you’ve already completed your 90-day cooling-off period.
Waiver of Notice
It sounds like a complicated term, but a Waiver of Notice is fairly straightforward. This is the document for when you waive formal notice during the entry of the divorce decree. It can be used if you want to speed up the last steps of the process.
Affidavit of Non-Military Service
Because the Servicemembers Civil Relief Act may apply when military spouses are involved, you need to sign an affidavit saying that your spouse isn’t an active member of the military.
Marital Settlement Agreement (MSA)
The MSA details how you and your spouse have decided on important topics, like alimony, spousal support, the division of assets and debts, child support, visitation, and custody. Typically, this document can be attached to the divorce filings and get incorporated into your final divorce decree.
Child Support Documents
The Pennsylvania Child Support Enforcement System (PACSES) is used to track child support payments and catch non-payment. If children are involved, you’ll need to set up a formal child support order and make sure PACSES is tracking all of your child support accurately.
Custody Complaint or Agreement
If you haven’t already decided on custody, you’ll need to file a document known as a Custody Complaint. It essentially asks your county’s court to decide on the custody issue.
Alternatively, you can reach an agreement with your spouse about what to include in your Custody Agreement. Then, the court just has to approve everything you agreed to.
What Is the First Step for Filing for Divorce in PA?
You know the documents you need. You’ve laid the groundwork with your spouse. Now, you just need to take that first step into the unknown.
The first major documentary hurdle you’ll encounter is the Complaint for Divorce. However, to file this document, you’ll need to make sure you or your spouse lives in the state for at least six months. Then, this document can be filed with the appropriate county.
Get a Consultation About Your Divorce Case
For many people, going through a divorce is one of the most stressful experiences they’ll ever face. This is especially true in acrimonious, contested divorces. From making sure you meet residency requirements to hammering out a custody agreement, our skilled divorce attorneys can simplify complex legal processes and help you navigate your case.
Find out more information about how we can support your legal needs by giving us a call today at (570) 676-5212.
