Complete Divorce Manual

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Philadelphia Self-Help No-Fault Divorce Manual

PART I: INTRODUCTION

About the Manual

Marriage is the legal recognition of the union of two persons and is a legal contract between those two persons. Likewise, divorce is the legal and formal way to break this union. It is final. So you should get a divorce only if you are certain you want to end this marriage.

You can find information about child custody and child support at Child Custody in Philadelphia and Child Support in Philadelphia. Child custody forms are available on the courts’ website.

Can this manual help me file for divorce?

This manual can help you if you:

• Are a pro se litigant (someone acting as his/her own lawyer)
• want a no-fault divorce
• want to file in Philadelphia County.
• do not have any issues other than no-fault divorce

This manual has been prepared for pro se litigants seeking a no-fault divorce in Philadelphia County who cannot afford a lawyer. A "pro se" litigant is a person who files a legal action in the court system without the help of a lawyer. You can seek a divorce in Philadelphia County if you or your spouse have lived in Pennsylvania for the last six months and preferably one of you is currently residing in Philadelphia. For more information about the divorce process in Pennsylvania, visit http://www.palawhelp.org on the Internet.

This manual was not designed for complicated divorce issues. To deal with these matters, you would need additional forms that are not included in this manual and you will need to hire a lawyer.

Here are some examples of complicated divorce issues that people might have:

• Dividing up marital property (assets and debts);
  Marital property includes almost everything that either one of you acquired between the date of your marriage and the date of your final separation, regardless of whose name the title is in, such as a house, cars, bank accounts, furniture, pension, stocks and bonds, debts, etc., as well as any increase in value of property that you owned before the marriage. The Divorce Code (the divorce law in Pennsylvania) sets up a way to divide the marital property between you and your spouse.
  WARNING: You can lose your right to a share of the marital property if you fail to divide these assets and debts before you get divorced.
• alimony, if you want support from your spouse after you get divorced;
  WARNING: If you do not file for alimony during the divorce, you lose your right to ever pursue it.
• "fault" grounds for divorce (such as adultery or desertion) if you don't meet the requirements for a no-fault divorce (see below);
• marriage of less than 10 years, unless you are willing to lose the right to claim social security benefits based on your spouse's work history;
• unknown location of your spouse;
• spouse is in the armed forces (unless s/he will consent to the divorce);
• common law marriage, if one party disputes that the marriage was ever created.

In addition, this manual will not help you if you want to file for divorce in a different county, because you will need different forms. To get help with a divorce in another county, please contact the Lawyer Referral and Information Service in your county. To find the phone number for the Lawyer Referral Service near you, you can check in the telephone book, call information, or call the local county bar association.

If a divorce action has already been filed in another county or state, you are not allowed to file in Philadelphia County unless or until that action has been withdrawn. One of the requirements for filing in Philadelphia County is that no divorce has been filed anywhere else (see paragraph 6 of the sample Complaint on page 13).

What should I do if I fit into one of these categories and this manual can't help me?

If you fall into one of these categories and need help finding a lawyer, please contact:

Philadelphia Bar Association's Lawyer Referral and Information Service
1101 Market Street, 11th Floor
Philadelphia, PA 19107
(215) 238-6333

You may also be eligible for free legal advice through Philadelphia Legal Assistance by calling them at (215) 981-3800. For more information, visit http://www.philalegal.org on the Internet.

What types of divorce are discussed in this manual?

This manual deals only with "no-fault" divorce, in which one spouse (the wife or husband) seeks a divorce without having to prove that the other spouse was "at fault" for the breakdown of the marriage. There are two kinds of no-fault divorce:

• Mutual Consent Divorce: Also called a "c" divorce because it is found in Section 3301(c) of the Pennsylvania Divorce Code. This kind of divorce is used when both parties will consent to the divorce.
• Two-Year Separation Divorce: Also called a "d" divorce because it is found in Section 3301(d) of the Pennsylvania Divorce Code. This kind of divorce is specifically for people whose spouses WON'T agree (i.e., won't sign a consent) and who have been living apart continuously for at least two years.

How can I get a Mutual Consent Divorce? 

To get a divorce by mutual consent, you and your spouse (your husband or wife) must formally agree to the divorce. One person, referred to as the Plaintiff, files a Complaint in Divorce against his/her spouse, the Defendant. But both parties (that is, both the Plaintiff and the Defendant) must sign and file Affidavits of Consent (these are legal documents in which you say that you agree to the divorce).

How can I get a Two-Year Separation Divorce?  

To get a two-year separation divorce, you and your spouse (your husband or wife) must have lived separate and apart continuously for at least two years. This type of divorce would be used if your spouse will not sign an Affidavit of Consent and you have lived apart continuously for two years or more. (If your spouse raises a claim for economic relief, such as property distribution, alimony, etc., you will need to consult a lawyer.) Note: If you and your spouse have been separated for two years or longer but your spouse will now agree to sign a consent, it is possible to proceed with a "c" divorce if you have made a claim for both a "c" and a "d" divorce in your Divorce Complaint. See next paragraph.

What if I am not sure my spouse will consent?  

The forms in Part II (Mutual Consent Divorces) include a claim for both a mutual consent or "c" divorce and a two-year separation or "d" divorce. You may want to make both claims in case your spouse refuses to give his or her consent. You can claim a two-year separation before you have been separated for two years, but you will have to wait for two years to pass before you can proceed with that claim. See Part III for additional forms and instructions regarding Two-Year Separation Divorces.

If I was “common law married” before January 1, 2005, do I have to file papers to get a divorce?

Yes. If you were in a "common law" marriage before January 1, 2005, the date "common law" marriage was abolished, you must file for divorce with the court to end your marriage. Even if you had a valid "common law" marriage, there is no such thing as a "common law" divorce. See Appendix A for definition of "common law marriage."

Where can I find the information that I need in this manual? 

• Part I of the manual is an introduction. 
• Part II covers “mutual consent” divorce.
  It discusses the forms you need to file for a no-fault divorce by mutual consent and gives the directions for filling them out. The directions are illustrated by sample forms already filled out with fake names. You can use the samples as models to help you fill out the blank forms (located in the Appendices) with your personal information.
• Part III covers “two-year separation” divorce.
  It discusses the forms you need to file for a no-fault divorce based on a two-year (or more) separation. The directions are illustrated by sample forms already filled out with fake names. You can use the samples as models to help you fill out the blank forms (located in the Appendices) with your personal information.
  • The Appendix has definitions of legal words, relevant statutes, and various forms you will need.
  • Appendix A is the glossary, which you can use to find the definition or meaning of some legal words used in this manual.
  • Appendix B has relevant provisions of Pennsylvania divorce law.
  • Appendix C has blank copies of the forms for "c" or "mutual consent" divorces.
  • Appendix D has blank copies of the forms for "d" or two-year separation divorces.

Where can I get more information about filing for divorce in Philadelphia if I need it?

You can contact the Office of the Clerk of Court, Domestic Relations Division of the Family Court, which is part of the Court of Common Pleas in Philadelphia, if you have specific questions about the divorce procedures. This is a source for information about what, how and where to file - not for legal advice. No one in the clerk's office will answer legal questions. The Clerk's office is located at 1133 Chestnut Street. The phone number is 215-686-3805. There is also a web site at http://courts.phila.gov/common-pleas/family/.

About the Process

Before Completing Any Forms Read The Entire Manual So That You Understand The Complexity Of This Process.

What does “service” mean?

This manual will talk about "serving" your spouse. The Rules of Court require that any person who files a lawsuit in court (for example, filing a Divorce Complaint) MUST let the other person know about it by supplying him or her with a copy of the Complaint. There are formal rules about how this is to be done. Follow the instructions in this manual exactly. You must be able to prove to the Court that your spouse received a copy of the divorce Complaint as well as some other papers that you will be filing in this case. This is called "making service," and "proof of service."

Why is “service” important? 

It is important because the law requires that every spouse have an opportunity to make a claim for certain rights in a divorce, such as for alimony or a share of the marital property. Your spouse can't claim those rights unless s/he knows that you have filed the divorce. If you don't have "proof of service" of the divorce Complaint on your spouse, you can't proceed with your divorce.

How should I fill out the forms?

It is best to type these forms. If you can't type them, fill out the forms in black ink. Print clearly! However, when you sign your name, SIGN IN BLUE INK (so that after you have made photocopies, you will be able to tell which is the original signed copy and which are the photocopies). Never use red, green, purple or any other unusual color of ink for any part of this task. Don't use pencil either.

What names should I use when filling out these forms?

When you fill out the forms, remember that you are the Plaintiff and your spouse (your husband or wife) is the Defendant. Use the FULL NAME exactly as it appears on the marriage certificate. The wife's name on the marriage certificate will be her name before the marriage. If she used her husband's last name during the marriage, then her name should appear exactly as it is entered on the marriage certificate plus her husband's last name added on the end. If she did not use her husband's last name, then her name will be exactly as it appears on the certificate.

Example: The wife's name before marriage is "Jane Smith." She used her husband's last name "Doe" while she was married. On the form, she will write "Jane Smith Doe."

What is the “caption” and how do I fill it out?

You will have to fill out the "caption" in most of these forms. The "caption" is the heading or identification section of a legal document. It includes the names of both parties (that is, you and your spouse), the name of the Court where the documents are being filed, the "Term" and the "Number" ("NO"). The Term and Number will be assigned to your case when you file the Complaint, so these are left blank on the first documents you fill out. After the Term and Number have been assigned to your case, you must repeat them in the proper place at the top of each document you file. Take a look at Form 1 (Notice to Plead): the caption is at the top of the first page above the heading "Notice to Defend and Claim Rights."

Where do I file these forms?

These forms must be filed at the office of the Clerk of Family Court IN PERSON. You cannot file them by mail. In order to file, you must:

• Make at least two (2) photocopies of your filled-out forms: the original stays with the Court; one is for you (the Plaintiff); and one is for service on your spouse (the Defendant).
• Take your forms and the photocopies (the clerks will refer to them as "the Complaint" or as "divorce pleadings") to the Office of the Clerk of Family Court at 1133 Chestnut Street.
• Bring a money order or your personal debit or credit card to pay the filing fee. Personal checks and cash are not accepted. As of August 2006, the filing fee is $277.80. You can find out the current filing fee for the Complaint by calling the Family Court at 215-686-3805. If you have low income, you may be able to file at no charge, but you must file an additional form asking that the fees be waived. This is called an In Forma Pauperis Petition, and is discussed on page 18.
• Your original forms will be time-stamped and kept at the Clerk's office. Your photocopies will be stamped with the time and date and returned to you, one for your records and one to be served on your spouse.