DIVORCE PROCEDURE 

hese forms are not designed for complicated divorce issues. To deal with these matters, 
you would need additional forms that are not included in these forms and you will need to 
hire  a  lawyer.  Examples  of  a  complicated  divorce  matter  include  a  request  to  divide 
property, receive alimony, payment of lawyers’ fees and expenses, or if your spouse is in 
the  military.  BE  WARNED  THAT  IF  YOU  FAIL  TO  RAISE  A  CLAIM  FOR  
ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES IN YOUR 
DIVORCE  COMPLAINT  THAT  YOU  MAY  LOSE  ALL  RIGHT  TO  MAKE    SUCH 
CLAIMS WHEN THE DIVORCE DECREE IS ENTERED.  

TEP ONE: The Notice to Defend and Divorce Complaint  

 divorce case is started with the filing of a “Complaint.”  There are two forms that must 
be attached to the Complaint: the “Notice to Defend and Claim Rights” must be attached 
on top, and the “Verification” must be attached on the bottom.  The Complaint is filed in 
the office where legal pleadings are filed.  You must pay the office where legal pleadings 
are filed a filing fee (unless you have been granted the right to proceed In Forma Pauperis, 
and this request would be filed with your Complaint).  The caption at the top of the forms 
includes the county’s name, your name, your spouse’s name, and the docket number given 
to your by the office where legal pleadings are filed.  This caption must be identical on all 
documents filed in your case, not matter who is filing a document. 

How to Complete Step 1 

1.  Complete all three pages of Notice to Defend and Divorce Complaint using the detailed 

“Instruction for Forms” as a guide. 

2.  After you have filled out Notice to Defend and Divorce Complaint, make two copies 

of. 

3.  Take the original and your two copies to the office where legal pleadings are filed in 
the county in which you are planning to file for divorce (see the “Where Do I File?” in 
the Introduction section of this packet).  The office where legal pleadings are filed will 
time-stamp the original and two copies.  The original will stay in your file in the office 
where legal pleadings are filed but the two copies will be returned to you.  One of the 
copies is for your records, and the other copy must be served on the other party in STEP 
TWO.  

TEP TWO: Service of the Complaint. 

After filing the Notice to Defend, Complaint and Verification, these documents must be 
served on the other party within thirty (30) days of the date they were filed (the date time-

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stamped  on  the  document).  If  the  other  party  does  not  live  in  Pennsylvania,  the  time 
requirement is extended to ninety (90) days. If service is not completed within 30 days of 
the date of filing, the Complaint must be reinstated using Praecipe, and re-served. Service 
of  the  Notice  to  Defend,  Complaint  and  Verification  must  be  made  either  by  Personal 
Service,  by  Acceptance  of  Service,  or  by  regular  and  Certified  Mail  return  receipt 
requested, restricted delivery: 

What if Service isn’t made in time? - If you were unable to successfully serve the other 
party within 30 days (or within 90 days if the other party does not live in Pennsylvania), 
then you must complete and file the Praecipe to Reinstate the Complaint. The date you file 
this Praecipe re-starts the clock for service, and you will have another 30 days to serve the 
other party (or 90 days if the other party does not live in Pennsylvania). For example, if 
you file the Praecipe to Reinstate the Complaint on January 1st, then you must serve the 
other party by January 31st. 

How to complete Step 2 

1.  Decide how you are going to serve the other party. Next, determine which form you 
will need, fill in the caption exactly as it appears on Notice to Defend and Divorce 
Complaint, and follow the following instructions: 

Form 3a: Acceptance of Service - Give the other party Notice to Defend and Divorce 
Complaint. After being  given Notice to Defend  and Divorce Complaint, the other party 
signs the Affidavit of Acceptance of Service, Form 3a, stating that he/she has received a 
copy of Notice to Defend and Divorce Complaint. 

-OR- 
Form 3b: Service by Mail -  Mail Notice to Defend and Divorce Complaint to the other 
party by regular and certified mail, return receipt requested, restricted delivery (the post 
office  can  assist  you  in  mailing  a  document  by  certified  mail).  You  must  complete  the 
Affidavit  of  Service  by  Mail,  Form  3b,  stating  that  you  have  mailed  your  spouse  the 
required forms by certified mail. You must also attach the green card receipt received from 
the post office (make a photocopy of this green card for your records, and file the original 
by attaching it to Form 3b). If the certified mail is returned unclaimed, another form of 
service must be used. 

-OR- 
Form 3c: Personal Service – An adult, other than you, a relative of yours, or an employee, 
co-worker of yours, may personally hand Notice to Defend and Divorce Complaint to the 
other party (such as the Sheriff, private courier service, or any reliable third party).  The 
person who hands the papers to your spouse must sign a completed Affidavit of Service by 
Personal Service, Form 3c. 

 

 

 

2 

2.  After you have completed either Form 3a, 3b, or 3c (whichever method you chose to 

serve the other party), make one copy. 

3.  File either Form 3a, 3b, or 3c (whichever method you chose to serve the other party) 
with the office where legal pleadings are filed.  Take the original and one copy to the 
office  where  legal  pleadings  are  filed  and  have  each  document  time-stamped.    The 
original will stay in the file in the office where legal pleadings are filed and the copy 
will be returned to you for your records. 

4.  If you are having trouble completing service, you may file a Praecipe to Reinstate the 
Complaint, as many times as you need.  The clock starts from the day it is time-stamped 
in  the  office  where  legal  pleadings  are  filed.    If  you  continue  to  have  problems 
completing service, it is recommended that  you speak to an attorney.  You may not 
proceed until proper service has been made. 

 

 

 

3 

IF YOUR SPOUSE CONSENTS TO THE DIVORCE, 
FOLLOW THE STEPS FOR A 3301(c)(1) DIVORCE 
ON PAGES 5 - 9. 

IF YOUR SPOUSE HAS BEEN CONVICTED OF 
COMMITTING A “PERSONAL INJURY CRIME” 
AGAINST YOU, YOU MAY PROCEED UNDER 
SECTION 3301 (c) (2) OF THE DIVORCE CODE.  
SEE PAGEs 10-12. 

IF YOUR SPOUSE DOES NOT CONSENT TO THE 
DIVORCE, FOLLOW THE STEPS FOR A 3301(d) 
DIVORCE ON PAGES 10 -13. 

YOU SHOULD REVIEW THE OPTIONAL FORMS 
LOCATED ON PAGES 14–15 OF THIS DOCUMENT. 

 

 

 

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HOW TO PROCEED WITH A 3301(c)(1) CONSENT 
DIVORCE: 

STEP THREE: Wait 90 Days from the Date the Notice to 
Defend and Divorce Complaint were Served. 

The Pennsylvania Rules of Civil Procedure require both parties to wait ninety (90) days 
from the service of the Complaint before filing the consent forms.  

How to Complete Step 3 

You  must  wait  ninety  (90)  calendar  days  from  the  date  Notice  to  Defend  and  Divorce 
Complaint is served (see Step Two). The date Defendant is served is Day 1 of 90. 

It is vital that you complete service of Notice to Defend and Divorce Complaint. Once 
you have served Notice to Defend and Divorce Complaint, you must wait ninety (90) 
days before you can file the 3301(c)(1) Affidavit of Consents. 

STEP FOUR: Affidavit of Consent and EITHER Waiver of 
Notice or Notice of Intention to Request Entry of Section 
3301(c) Divorce Decree. 

Affidavit of Consent: After ninety (90) days have passed from the date the Complaint was 
served upon the other spouse and both parties agree to the divorce, both parties may file an 
Affidavit of Consent, declaring that they consent to the divorce. The Affidavit of Consent 
must be filed within thirty (30) days after it is signed and dated. If the parties do not 
file their Affidavit of Consent within thirty days of the date it was signed, the Affidavit of 
Consent must be re-signed and re-filed. 

Notice of Intention OR Waiver of Notice:  In addition to signing and filing an Affidavit of 
Consent, each party could sign and file a Waiver of Notice, OR, either party could mail the 
other party a Notice of Intention to File the Praecipe to Transmit Record Under Section 
3301(c)(1) of the Divorce Code. If both parties sign and file a Waiver of Notice, then either 
party may immediately file a Praecipe to Transmit Record and have the file go to a Judge. 
However, if one party mailed the other party a Notice of Intention to File the Praecipe to 
Transmit Record Under  Section  3301(c)(1)  of the Divorce  Code, then  twenty (20) days 
must pass before you may file the Praecipe to Transmit Record. 
 

 

 

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How to Complete Step 4 

 

A 
If filing Waivers - 

OR 

B 
If serving a Notice of Intention - 

 

1.  You  (Plaintiff)  complete  and  sign 
Affidavit of Consent and Waiver of 
Notice and make one copy of each. 

1.  You  (Plaintiff)  complete  and  sign 
Affidavit  of  Consent,  and  make  one 
copy 

2.  Provide  your  spouse  (Defendant) 
Affidavit of Consent and Waiver of 
Notice  to  sign.  Make  one  copy  of 
each 

3.  File  both  signed  Affidavits  of 
Consent  and  Waivers  of  Notice 
with 
legal 
the  office  where 
pleadings are filed within 30 days 
of  the  date  they  are  signed.  The 
office  where  legal  pleadings  are 
filed  will  time-stamp  the  original 
and copies. The originals will stay 
in your file in the office where legal 
pleadings  are  filed  and  the  copies 
will  be  returned  to  you  for  your 
records. 

2.  Provide  your  spouse  (Defendant)  an 
Affidavit  of  Consent  to  sign.  Make 
one copy 

3.  File Affidavit of Consent and Waiver 
of Notice with the office where legal 
pleadings are filed within 30 days of 
the  date  they  were  signed.  The 
office where legal pleadings are filed 
will  time-stamp  the  original  and 
copies. The originals will stay in your 
file 
legal 
pleadings are filed but the copies will 
be returned to you for your records. 

the  office  where 

in 

4.  Complete Notice of Intention to File 
Praecipe to Transmit the Record and 
make  two  copies.  One  copy  is  for 
your  records, one  copy  is to mail to 
your  spouse  (see  below),  and  the 
other is to attach to the Final Praecipe 
to Transmit Record in STEP FIVE. 

5.  Mail a copy of Notice of Intention to 
File Praecipe to Transmit the Record 
to your spouse by first class mail and 
Certificate of Service.  Mark the Box 
by  “Notice  of  Intention  to  Request 
Entry  of  Section  3301(c)  Divorce 
Decree, and Counter-Affidavit Under 
3301(c).” Make one Copy. 

6.  File  Certificate  of  Service  with  the 
office where legal pleadings are filed.  
They will time-stamp the original and 
copy.  The original will stay in your 
legal 
file 

the  office  where 

in 

6 

 

 

pleadings are filed, and the copy will 
be returned to you for your records. 

7.  Wait 20 days from the date of service 
of Notice of Intention to File Praecipe 
to Transmit the Record. 

STEP FIVE: Final Praecipe to Transmit Record, Divorce 
Decree, and any other forms required by your county. 

Upon the filing of both parties’ Affidavits of Consent and the other receiving a Notice of 
Intention to File Praecipe to Transmit the Record Under Section 3301(c)(1) of the Divorce 
Code, or  both  parties filing  Waivers of  Notice, the  divorce may be concluded  by either 
party filing with the court a Final Praecipe to Transmit Record. Check your records for the 
exact dates necessary to complete the form. 

Additional forms are also required by the Court, including a proposed Divorce Decree. You 
must provide the court with self-addressed and stamped envelopes for you and your spouse, 
in order for the court to mail you a copy of the final divorce decree. 

Lastly, check with the Court Administrator’s office, office where legal pleadings are filed, 
or other similar office in the county in which you filed your divorce proceeding to see if 
your county requires any other documents in order to proceed with your divorce. 
 

 

 

7 

How to Complete Step 5 

 

A 
If filing Waivers - 

OR 

B 
If serving a Notice of Intention - 

 

1.  Call 

the  Court  Administrator’s 
Office in your county to determine 
if any other documents are required 
to complete a divorce 

1. Call 

the  Court  Administrator’s 
Office in your county to determine if 
any other documents are required to 
complete a divorce 

2.  Complete  Final  Praecipe 

to 
Transmit  Record  and  make  one 
copy: 

2. Complete Final Praecipe to Transmit 

Record and make one copy: 

or 

Line 1: Check 3301(c). 
Line 2: print the date of service and 
the manner of service (Acceptance, 
Certified  Mail, 
Personal 
Service). 
Line  3(a):  print  the  dates  you  and 
your  spouse  signed  Affidavits  of 
Consent 
Line  4:  print  if  any  claims  are 
pending,  and  if  none,  print  “no 
claims pending.” 
Line  5(b):  print  the  date  you  and 
your  spouse  filed  Waivers  of 
Notice 

Line 1: Check 3301(c). 
Line 2: print the date of service and 
the  manner  of  service  (Acceptance, 
Certified Mail, or Personal Service). 
Line  3(a):  print  the  dates  you  and 
your  spouse  signed  Affidavits  of 
Consent 
Line  4:  print  if  any  claims  are 
pending,  and  if  none,  print  “no 
claims pending.” 
Line 5(a): print the date you served 
Notice of Intention to File Praecipe 
to Transmit the Record, and attach a 
copy  of  the  same  to  the  Final 
Praecipe to Transmit Record. 

3.  Complete Divorce Decree, and any 
other  forms  required  by  your 
county.  Make one copy of each. 

3. Complete  Divorce  Decree,  and  any 
other forms required by your county.  
Make one copy of each. 

4.  File  Final  Praecipe  to  Transmit 
Record  and  Divorce  Decree  and 
any  other  forms  required  by  your 
county  in  the  office  where  legal 
pleading are filed.  That office will 
time-stamp  both  the  original  and 
your copy.  The original stays in the 
file,  and  the  copy  will  be  returned 
to you for your records. 

4. File  Final  Praecipe  to  Transmit 
Record and Divorce Decree and any 
other forms required by your county 
in the office where legal pleading are 
filed.    That  office  will  time-stamp 
both the original and your copy.  The 
original  stays  in  the  file,  and  the 
copy will be returned to you for your 
records. 

 

8 

   

 

STEP SIX: Divorce Decree 

The Divorce Decree will be mailed to both parties after filing the above forms, presuming 
there  are  no  mistakes.  If  corrections  need  to  be  made  in  the  paperwork,  a  final  divorce 
decree will not be entered until the court has the corrected paperwork. Some courts may 
contact you if corrections need to be made, and some courts will not, so it is very important 
that all procedures are followed and all forms are filled out correctly the first time! 

How to Complete Step 6 

At some point while your divorce proceeding is pending, provide the office where legal 
pleadings are filed two stamped envelopes, one with  your current address and one with 
your spouse’s current address, so that the office where legal pleadings are filed can mail 
copies of your Divorce Decree once it is granted. 

 

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HOW TO PROCEED WITH A 3301 (c)(2) PRESUMED 
CONSENT DIVORCE: 

TEP THREE:  Wait 90 Days from the Date the Notice to 

Defend and Divorce Complaint were Served. 

he Pennsylvania Rules of Civil Procedure require you to wait ninety (90) days from the 

service of the Complaint before filing the consent form. 
 

How to Complete Step 3 

ou must wait ninety (90) calendar days from the date the Notice to Defend and Divorce Complaint 

is served (see Step Two).  The date Defendant is served is Day 1 of 90. 

t is vital that you complete service of Notice to Defend and Divorce Complaint, you must wait 
ninety (90) days before you can file the 3301 (c)(1) Affidavit of Consent.   

  Y

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TEP FOUR:  Affidavit of Consent, Affidavit to Establish 

Presumption of Consent Under Section 3301(c)(2) of the 
Divorce Code 

ffidavit of Consent:  After ninety (90) days have passed from the date the Complaint 
was served upon your spouse, you may file an Affidavit of Consent, declaring that you 
consent to the divorce.  The Affidavit of Consent must be filed within thirty (30) days 
after it is signed and dated.  If you do not filed the Affidavit of Consent within thirty days 
of the date it was signed, the Affidavit must be re-signed and re-filed. 

ffidavit to Establish Presumption of Consent Under Section 3301(c)(2) of the Divorce 
Code:  You must also fill out and file an Affidavit to Establish Presumption of Consent 
Under Section 3301 (c)(2) of the Divorce Code. 

TEP FIVE:  Service of Affidavit of Consent, Affidavit to 

Establish Presumption of Consent Under Section 3301(c)(2) of 
the Divorce Code, and Counter-Affidavit Under Section 
301(c)(2) of the Divorce Code. 

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After you file the Affidavit of Consent and Affidavit to Establish Presumption of Consent 
Under Section 3301(c)(2) of the Divorce Code, you must serve these documents, along 
with a blank Counter-Affidavit Under Section 3301(c)(2) of the Divorce Code on your 
spouse.   

How to complete Step 5 

1.  Decide how you are going to serve the other party. Next, determine which form you will 
need, fill in the caption exactly as it appears on Notice to Defend and Divorce Complaint, 
and follow the following instructions: 

Form  3a:  Acceptance  of  Service  -  Give  the  other  party  Notice  to  Defend  and  Divorce 
Complaint. After being given Notice to Defend and Divorce Complaint, the other party signs 
the  Affidavit  of  Acceptance  of  Service,  Form  3a,  stating  that  he/she  has  received  a  copy  of 
Notice to Defend and Divorce Complaint. 

-OR- 
Form 3b: Service by Mail -  Mail Notice to Defend and Divorce Complaint to the other party 
by regular and certified mail, return receipt requested, restricted delivery (the post office can 
assist you in mailing a document by certified mail). You must complete the Affidavit of Service 
by Mail, Form 3b, stating that you have mailed your spouse the required forms by certified mail. 
You must also attach the green card receipt received from the post office (make a photocopy of 
this green card for your records, and file the original by attaching it to Form 3b). If the certified 
mail is returned unclaimed, another form of service must be used. 

-OR- 

Form 3c: Personal Service – An adult, other than you, a relative of yours, or an employee, 
co-worker of yours, may personally hand Notice to Defend and Divorce Complaint to the 
other party (such as the Sheriff, private courier service, or any reliable third party).  The 
person who hands the papers to your spouse must sign a completed Affidavit of Service by 
Personal Service, Form 3c. 

TEP SIX:  Wait twenty (20) days after service of the Affidavit 

of Consent, Affidavit to Establish Presumption of Consent 
Under Section 3301 (c)(2) of the Divorce Code, and Counter-
Affidavit Under Section 3301(c)(2) of the Divorce Code. 

otice of Intention OR Waiver of Notice:  Twenty days after serving the documents in 
Step 5, either party could mail the other party the Notice of Intention to File the Praecipe 
to Transmit Record Under Section 3301(c)(2) or Section 3301 (d) of the Divorce Code.  
If both parties sign and file Waivers of Notice, then either party may immediately file a 
Praecipe to Transmit Record and have the file go to a Judge.  However, if one party 

11 

   

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mailed the other party a Notice of Intention to File the Praecipe to Transmit the Record 
Under Section 3301(c)(2) or Section 33301(d) of the Divorce Code, then twenty (20) 
days must pass before you may file the Praecipe to Transmit Record.   

TEP SEVEN:  Praecipe to Transmit Record, Divorce Decree 

and any other form required by your county.  

fter filing Waivers of Notice or one party sending the other party the Notice of Intention 

to File the Praecipe to Transmit Record, the divorce may be concluded by either party 
filing with the court a Praecipe to Transmit Record.  Check your records for the exact 
dates necessary to complete the form. 

dditional forms are also required by the Court, including a proposed Divorce Decree.  

You must provide the court with a self-addressed and stamped envelopes for you and 
your spouse, in order for the court to mail a copy of the final divorce decree. 

astly, check with the Court Administrator’s Office, office where legal proceedings are 
filed, or other similar office in the county in which you filed your divorce proceeding to 
see if your county requires any other documents in order to proceed with your divorce. 

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HOW  TO  PROCEED  WITH  A  3301(d)  NON-CONSENT 
DIVORCE: 

STEP THREE:  *Wait the applicable time period. 

The  Pennsylvania  Rules  of  Civil  Procedure  require  the  parties  to  be  separated  for  the 
applicable time of separation before proceeding with a non-consent no-fault divorce. 

*APPLICABLE TIME OF SEPARATION: 

If  the  period  of  separation  from  your  spouse  began  on  or  after 
December 5, 2016, you will need to be living separate and apart from 
your spouse for a period of ONE YEAR, before filing your complaint 
in divorce. 

If the period of separation from your spouse began before December 
5, 2016,  you are required to be living separate and apart from  your 
spouse for a period of TWO YEARS, before filing your complaint in 
divorce. 

The previous requirement of the two year separation was amended by 
the Pennsylvania General Assembly in 2016, reducing the separation 
time  requirement  to  one  year  after  the  effective  date  (December  5, 
2016 of the new law. 

INCLUDED 

IF THE PARTIES WERE SEPARATED FOR A TIME PERIOD 
BEFORE  THE  FILING OF THE  COMPLAINT, THAT  TIME 
IN 
IN  THE  APPLICABLE  TIME  OF 
SEPARATION  REQUIREMENT.    THEREFORE,  IF  YOU 
HAVE  ALREADY  BEEN 
SEPARATED  FOR  THE 
APPLICABLE  TIME  PERIOD  AS  DEFINED  ABOVE  WHEN 
YOU  INITIALLY  FILED,  YOU  MAY  PROCEED  WITH  A 
3301(d)  DIVORCE  IMMEDIATELY  AFTER  FILING  AND 
SERVING  THE  NOTICE  TO  DEFEND  AND  DIVORCE 
COMPLAINT. 

STEP  FOUR:  Affidavit  Under  3301(d)  of  the  Divorce  Code, 
Notice of Intention to Request Entry of Section 3301(d) Divorce 
Decree  and  Counter-Affidavit,  Affidavit  of  Non-Military 
Service. 

 

 

 

13 

General Information: Once the parties have been separated for the applicable time period, 
either party may sign and file an Affidavit Under Section 3301(d) of the Divorce Code) 
stating that the parties have in fact been separated for the applicable time period.  Once the 
parties have been separated for the applicable time period and you have filed an Affidavit 
stating that you have been separated for the applicable time period, then a divorce may be 
entered after notice is given to the other party.  In addition to filing and serving the Affidavit 
Under Section 3301(d) of the Divorce Code, with a blank Counter-Affidvait Under Section 
3301  (d)  of  the  Divorce  Code.  You  must  also  serve  the  other  party  with  a  Notice  of 
Intention  to File the  Praecipe to Transmit  Record Under  Section  3301 (c)(2) or Section 
3301  (d)  of  the  Divorce  Code  in  order  for  them  to  have  the  opportunity  to  oppose  the 
divorce or raise claims if they choose to do so. If the other party does not oppose the divorce 
and does not wish to raise additional claims, they do not need to take any action on the 
Counter-Affidavit.  If  this  is  the  case,  a  Divorce  Decree  may  be  issued  after  filing  the 
Praecipe  to  Transmit  Record.  Lastly,  you  cannot  obtain  a  3301(d)  divorce  against  an 
unrepresented  Defendant  if  he/she  is  in  the  military.  Therefore,  if  your  spouse  is  not 
represented by counsel, you must also sign and file an Affidavit of Non-Military Service. 

How to Complete Step 4 

Complete and sign Counter-Affidavit and Notice of Intention to File Praecipe to Transmit 
Record and make two copies of each. 

If your spouse is not represented by counsel and is not in the military, then also complete 
and sign Affidavit of Non-Military Service. Make two copies. 

File  only  Counter-Affidavit,  and  if  applicable,  Affidavit  of  Non-Military  Service  (the 
original of Notice of Intention to File Praecipe to Transmit Record will be served without 
filing, and a copy will be filed in the future). The originals stay in the office where legal 
pleadings are filed, and the copies are returned to you for your records. 

TEP FIVE: Service of the Affidavit Under 3301(d) of the 

Divorce Code, Notice of Intention to Request Entry of Section 
3301(d) Divorce Decree with Counter-Affidavit, and Affidavit 
of Non-Military Service. 

A 3301(d) divorce cannot be completed without proper service of all the required forms. 
Because the other party's consent is not required in order for a divorce to be entered against 
them, it is especially important that all service procedures are strictly followed. 
 

 

14 

1. 

2. 

3. 

  S

 

How to Complete Step 5 

1. 

2. 

3. 

Mail  the  original  Notice  of  Intention  to  File  Praecipe  to  Transmit  Record,  a  copy  of 
Counter-Affidavit, and, if applicable, a copy of Affidavit of Non-Military Service by first 
class mail to your spouse. 

Complete Certificate of Service and mark the appropriate boxes for the documents you 
have mailed to your spouse. Make one copy of the Certificate of Service. 

File Certificate of Service. The office where legal pleadings are filed will time-stamp the 
original and copy. The original stays in your file, and the copy is returned to you for your 
records. 

STEP SIX: Wait 20 days after service of the Affidavit Under 
Section 3301 (d) of the Divorce Code with blank Counter-
Affidavit Under Section 3301 (d) of the Divorce Code. 

Twenty (20) days after serving the Affidavit under Section 3301(d) of the Divorce Code 
with blank Counter-Affidavit, serve the Notice of Intention to File the Praecipe to Transmit 
Record Under Section 3301 (c)(2) or Section 3301 (d) of the Divorce Code or file Waivers 
of the Notice of Intent.   

General Information: The Pennsylvania Rules of Civil Procedure require that twenty (20) 
days elapse between serving the Notice of Intention to File the Praecipe to Transmit Record 
Under Section 3301(c)(2) or Section 3301 (d) of the Divorce Code and filing the Praecipe 
to Transmit Record. 

STEP SEVEN: Praecipe to Transmit Record, Divorce Decree, 
and any other forms required by your county. 

Upon the proper service of the above mentioned documents, the divorce may be concluded 
by either party filing with the court a Final Praecipe to Transmit Record.  Attach a copy of 
the Notice of Intention to File the Praecipe to Transmit Record Under Section 3301 (c)(2) 
or Section 3301 (d) of the Divorce Code. Check your records for the exact dates necessary 
to complete the form.  Reminder: The date of execution is the date the form was signed.  
The date of the time-stamp is the date the form was filed 

Additional  forms  are  also  required  by  the  Court,  including  a  proposed  Divorce  Decree.  
You must provide the court with self-addressed and stamped envelopes for you and your 
spouse in order for the court to mail you a copy of final divorce decree. 

Other  forms  not  mentioned  or  provided  by  these  forms  and  instructions  may  also  be 
required  in  order  to  proceed  with  your  divorce.    Check  with  the  Court  Administrator’s 
Office, office where legal pleadings are filed or the other similar office in the county in 
which  you  filed  your  divorced  proceeding  to  see  if  your  county  requires  any  other 
documents. 

 

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Call the Court Administrator’s Office in your county to determine if your county requires 
any documents not herein mentioned or provided to complete a divorce. 

How to Complete Step 7 

Complete Final Praecipe to Transmit Record and make one copy: 
Line 1: 3301(d). 
Line 2: print the date of service and the manner of service (Acceptance, Certified Mail, or 
Personal Service). 
Line 3(b): print the date you signed Counter-Affidavit and then the date you served Counter-
Affidavit with blank Counter-Affidavit Under Section 3301 (d) of the Divorce Code (the date 
on the Certificate of Service). 
Line 4:  print if any claims are pending, and if none, print “no claims pending.” 
Line 5(a):  print the date you served Notice of Intention and blank Counter- Affidavit, and 
attach a copy of same to Final Praecipe to Transmit Record; OR 
Line 5(b): print the date the Waivers of Notice were filed.  
 
Complete Divorce Decree, and any other forms required by your county. Make one copy of 
each. 

File Final Praecipe to Transmit Record and Divorce Decree and any other forms required by 
your county in the office where legal pleadings are filed. The office where legal pleadings 
are filed will time-stamp both the originals and your copies. The originals stay in the file, 
and the copies will be returned to you for your records. 

STEP EIGHT: Divorce Decree 

The Divorce Decree will be mailed to both parties after filing the above forms, presuming 
there are no mistakes.  If corrections need to be made to the paperwork, a final divorce 
decree will not be entered until the court has the corrected paperwork. Some courts may 
contact  you  if  corrections  need  to  be  made,  and  some  courts  will  not,  so  it  is  very 
important that all procedures are followed and all forms are filled out correctly the first 
time! 

How to Complete Step 8 

At some point while your divorce is pending, provide the office where legal pleadings are 
filed two stamped envelopes, one with your current address and one with your spouse’s 
current address, so that the office where legal pleadings are filed can mail copies of your 
Divorce Decree once it is granted. 

 

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1. 

2. 

3. 

4. 

 

 

OPTIONAL FORMS 

HOW DO I REQUEST TO PROCEED IN FORMA PAUPERIS 
(AND NOT PAY FILING FEES)?:  

If you think you meet the income requirements to proceed in forma pauperis (IFP) and be 
excused from paying any costs related to your litigation, then you can request that the Court 
excuse you from paying filing fees. In order to ask for IFP status, you must file a “Petition 
to Proceed In Forma Pauperis and Affidavit” and a “Verification” with Court, in which you 
give the judge detailed information about your financial situation. You should fill out, sign, 
and date the Petition to Proceed In Forma Pauperis and Affidavit and the Verification and 
submit them -- along with the blank order -- to the, Court Administrator’s Office, office 
where legal pleadings are filed, or other similar office to determine how to have the order 
signed by a judge.  Complete the caption exactly as it appears on all the pleadings in your 
case. Make sure that the financial information is complete and accurate, or your petition 
will be denied.  You should keep a copy of  your IFP request for  yourself.  If the Judge 
grants your request, show a copy of your IFP order to the office where legal pleadings are 
filed  every  time  you  file  something  in  your  case.    You  do  have  the  right  to  appeal  the 
judge’s  decision,  but  an  appeal  can  be  complicated  and  having  an  attorney  may  be 
necessary. 

ote: If granted IFP status, that status only applies to YOU, not to the other party in 
the case. If your spouse also wishes to be excused from paying any court costs or filing 
fees, he/she must submit his/her own IFP request. 

How to Request to Proceed In Forma Pauperis (IFP) 

Contact your Court Administrator’s Office for blank copy of the Petition. 

 

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HOW TO FILE A NOTICE OF INTENTION TO RESUME 
PRIOR SURNAME:  

Upon the filing of a Complaint, you may resume your birth surname by filing a Praecipe 
with  the  office  where  legal  pleadings  are  filed  (Notice  of  Intention  to  Resume  Prior 
Surname).  This  form  can  be  filed  either  before  or  after  the  granting  of  a  final  Divorce 
Decree.  There is a small additional fee associated with filing this form. 

How to Complete a Name Change 

1.  Complete Notice of Intention to Resume Prior Surname. Many counties require this 
form be notarized, so contact the Court Administrator, office where legal pleadings 
are filed, or other similar office to see if you need to notarize it. 

2.  Make one copy of Notice of Intention to Resume Prior Surname. 

3. 

File Notice of Intention to Resume Prior Surname. Take the original and one copy to 
the office where legal pleadings are filed and have each document time-stamped.  The 
original will stay in the file in the office where legal pleadings are filed, and the copy 
will be returned to you for your records. 

 

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