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No Fault Divorce - Mutual Consent
Divorce Self Help

No Fault Divorce under §3301(c) of the Divorce Code-Mutual Consent

Section C is used when both parties want to get a divorce and both parties are available and willing to sign legal documents stating they consent or agree to then the marriage.

This instructional section is for reference and research only. This section explains the basic forms needed for a plaintiff to file a simple Mutual Consent No Fault Divorce in Pennsylvania in a step-by-step format.

Divorce in Pennsylvania involves important legal rights involving money, property, and custody of children. The forms provided on this website are not appropriate for everyone. If you and/or your spouse have property, such as real estate, automobiles, life insurance, pension and retirement benefits, stocks, bank accounts, credit cards, mortgages, loans, or other assets and debts, you should seek the advice of an attorney. Marital property is all property acquired during marriage, regardless of whose name is on a title, policy, or account. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.

The forms below are available in Word and PDF format.

State and Local Court Rules Must Be Followed.

If the Defendant is serving in the military, then STOP and consult and attorney.

IMPORTANT NOTICE: To complete the divorce successfully, you must follow all instructions and complete the forms exactly as written. You must also record the dates on which you take certain steps on the instructions so that you have those dates to complete other forms later in the process. If you fail to do the steps in the proper order, fail to complete any steps, or fail to keep track of dates, you risk having your divorce denied. Completing the divorce process is your responsibility. No additional assistance is available.

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SECTION 1-Complaint Preparation
Step 1. Form preparation

Complete the following forms in order and print the number of copies indicated on each form.

  • Notice to Defend and Claim Rights-3 copies
  • Complaint- 3 copies
A packet containing these and other forms is available here in both Adobe PDF and Microsoft Word formats:
§3301(c) Mutual-Consent Divorce Form Packet
§3301(c) Mutual-Consent Divorce Form Packet
Step 2. Signature
  • Sign and date all printed copies of the completed forms in Step 1 that require your signature.
Step 3. Packet Assembly

DO NOT add or attach any other documents, photos, photocopies, etc. to any of the form packets. Doing so may cause your Divorce to be denied.

Assemble into three (3) Complaint packets

One packet for the Clerk of Courts-Civil Division (Prothonotary) containing the following forms:

  • Notice to Defendant and Claim Rights
  • Complaint

One packet for your records containing the following forms:

  • Notice to Defendant and Claim Rights
  • Complaint

One packet to be served on the defendant containing the following forms:

  • Notice to Defendant and Claim Rights
  • Complaint
A packet containing these and other forms is available here in both Adobe PDF and Microsoft Word formats:
§3301(c) Mutual-Consent Divorce Form Packet
§3301(c) Mutual-Consent Divorce Form Packet
SECTION 2-Filing the Complaint

Take the following items to the Clerk of Courts-Civil Division (Prothonotary) located in the lower level of the Northampton County Courthouse:

  • All three (3) completed Complaint packets from Section 1-Form Preparation, Step 3.
  • Cash, money order, or certified bank checks to cover divorce filing fees. No personal checks will be accepted. For filing fees, see the Northampton County Civil Fee Schedule on the website at

www.northamptoncounty.org

-Give all three packets to the Clerk. The original will be kept; two copies will be returned to you; keep one for your records; serve one on the Defendant (see next section).

SECTION 3-Serving the Defendant by Certified Mail

Time deadline of Service

The plaintiff must serve the defendant with the Complaint and the Notice to Defend within thirty (30) days of the date the forms were filed with the Clerk of Civil Division (Prothonotary) or within ninety (90) days if the defendant does not live in the state of Pennsylvania.

Manner of Service:

Certified mail, return receipt requested, restricted delivery

Step 1. Preparing the Complaint packet for service

Put the following in an envelope to the defendant:

  • one (1) time-stamped Complaint packet containing:
  • Notice to Defendant and Claim Rights
  • Complaint
Step 2. Go to the Post Office

Take the envelope addressed to defendant containing the complaint packet to the post office and send the envelope to defendant by certified mail, restricted delivery, return receipt requested.

NOTE: If you are unsuccessful or unable to serve the Defendant, then STOP and consult an attorney.

SECTION 4-Proof of Service

Once you receive the Domestic Return Receipt (green post card) that was signed by the defendant, do the following:

Step 1. Form Preparation

Complete the following forms and print 2 copies of the Affidavit of Service and 1 copy of Exhibit "A".

  • Affidavit of Service of Complaint
  • -Exhibit "A"
A packet containing these and other forms is available here in both Adobe PDF and Microsoft Word formats:
§3301(c) Mutual-Consent Divorce Form Packet
§3301(c) Mutual-Consent Divorce Form Packet
Step 2. Signature

Sign and date all copies of the completed forms from Step 1 that require your signature.

Step 3. Attach

Attach the Domestic Return Receipt (green post card), signature side up, to Form Exhibit "A".

Step 4. Photocopy

Make a photocopy of the Form Exhibit "A" that has the green post card attached.

Step 5. Packet Assembly

Assemble into two (2) Proof of Service packets.

  • One packet for the Clerk of Civil Division (Prothonotary) containing the following completed documents:
    • Affidavit of Service of Complaint
    • Exhibit "A" with attached Domestic Return Receipt (green post card).
  • One packet for your records containing the following
    • Completed documents:
    • Affidavit of Service of Complaint
    • Photocopied Exhibit "A"
Step 6. File

File now by taking both Proof of Service packets assembled in Step 5 to the Clerk of Courts-Civil Division (Prothonotary) located on the lower level of Northampton County Courthouse, 669 Washington Street, Easton, Pa.

Give both Proof of Service packets to the Clerk. The original will be kept by the Clerk, the copy will be returned to you for your own records.

SECTION 5-90 Day Waiting Period

If you were able to complete Section 4-Proof of Service, you now have proof that you served the Complaint and Notice to Defend on the defendant.

You must wait ninety (90) days from the date of service before proceeding to the next section. Date of Service is the date the defendant signed the green post card.

Calculate ninety (90) days from date of service. Do not continue to Section 6 until after the 90 day waiting period.

SECTION 6-Wavier of Notice and Affidavit of Consent
Step 1. Form Preparation

Complete the following forms and print the number of copies indicated on each form.

  • Waiver of Notice Under §3301 (c)- 3 copies
  • Affidavit of Consent-3 copies
A packet containing these and other forms is available here in both Adobe PDF and Microsoft Word formats:
§3301(c) Mutual-Consent Divorce Form Packet
§3301(c) Mutual-Consent Divorce Form Packet
Step 2. Mail

Mail unsigned forms to defendant:

  • One (1) copy of Waiver of Notice of 3301 (c)
  • One (1) copy of Affidavit of Consent
  • One (1) self-addressed stamped return envelope
    (Include instructions to sign, date and return these forms back to you in the self-addressed stamped envelope).

Keep the other two (2) copies until you received the defendant's signed copies. Do not sign these copies until you received the forms back from the defendant.

Step 3. Your Signature

After the defendant returns the signed Waiver of Notice of 3301 (c) and Affidavit of Consent:

  • Make one (1) copy of each form signed by the defendant
  • Sign and date your copies two (2) copies of the forms.

    • NOTE: You must complete the following Steps 4 and 5 thirty (30) days from the date the defendant signed the Waiver of Notice and Affidavit of Consent

Step 4. Packet Assembly

Assemble into two (2) Waiver and Consent packets.

  • One packet for the Clerk of Courts-Civil Division containing the following completed forms:
    • Waiver of Notice
      (original signed by Defendant)
      (a copy signed by Plaintiff)
    • Affidavit of Consent
      (original signed by Defendant)
      (a copy signed by Plaintiff)
  • One packet for your records containing the following completed forms:
    • Waiver of Notice
      (photocopy of original signed by Defendant)
      (a copy signed by Plaintiff)
    • Affidavit of Consent
      (photocopy of original signed by Defendant)
      (a copy signed by Plaintiff)
A packet containing these and other forms is available here in both Adobe PDF and Microsoft Word formats:
§3301(c) Mutual-Consent Divorce Form Packet
§3301(c) Mutual-Consent Divorce Form Packet
Step 5. File

File now by taking both Waiver and Consent packets assembled in Step 4 to the Clerk of Courts-Civil Division located in the lower level of the Northampton County Courthouse.

Give both Waiver and Consent packets to the Clerk. The original will be kept by the Clerk, the copy will be returned to you for your own records.

SECTION 7-Finalization
Step 1. Form Preparation

Complete these forms and print two (2) copies of each Form.

  • Praecipe To Transmit Record
  • Decree
Step 2. Signature

Sign and date all copies of the Praecipe To Transmit Record

DO NOT sign Decree.

Step 3. Packet Assembly

Assemble in two (2) packets

One packet for the Clerk of Courts-Civil Division containing the following completed documents:

  • Praecipe To Transmit Record
  • Decree

One packet for your records containing the following completed documents:

  • Praecipe To Transmit Record
  • Decree
Step 4. File

Take the following items to the Clerk of Courts-Civil Division located in the lower level of the Northampton County Courthouse.

  • Both completed packets from Step 3
  • Cash, money order, or certified bank check to cover Praecipe To Transmit Reocrd fees. No personal checks will be accepted. For filing fees, see civil fee schedule at www.nccpa.org
Step 5.

If all the required forms are fill out correctly, filed in correct timeline and the filing is done accordance to the Rules of Court, the Decree is entered, signed by a Judge and mailed to you upon disposition.

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Disclaimer
The forms and instructions that are available from this website are not a substitute for professional legal advice. Court employees cannot give you legal advice or help you fill out /complete the forms. It is your responsibility to read and complete the forms and to take required steps to file and serve the documents. If you decide to use these forms in an actual action, be prepared to spend appropriate time gathering information, completing forms and following the Rules of Court. The Court assumes no responsibility for the use of these forms and accepts no liability for actions taken by using these documents, including reliance on the instructions and/or contents. To obtain legal advice and to insure the proper use of this material, you should contact a lawyer.

If you want to obtain the service of an attorney, but do not know whom to contact, you should visit the Northampton County Bar Association's Lawyer Referral Service website.

Tracking address: Tracking code - do not email: crt19-biaibi@shom.nccpa.org (do not email this address - tracking purposes only)