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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.
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Complete the following forms in order and print the number of copies indicated on each form.
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:
One packet for your records containing the following forms:
One packet to be served on the defendant containing the following forms:
Take the following items to the Clerk of Courts-Civil Division (Prothonotary) located in the lower level of the Northampton County Courthouse:
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).
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
Put the following in an envelope to the defendant:
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.
Once you receive the Domestic Return Receipt (green post card) that was signed by the defendant, do the following:
Complete the following forms and print 2 copies of the Affidavit of Service and 1 copy of Exhibit "A".
Sign and date all copies of the completed forms from Step 1 that require your signature.
Attach the Domestic Return Receipt (green post card), signature side up, to Form Exhibit "A".
Make a photocopy of the Form Exhibit "A" that has the green post card attached.
Assemble into two (2) Proof of Service packets.
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.
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.
Complete the following forms and print the number of copies indicated on each form.
Mail unsigned forms to defendant:
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.
After the defendant returns the signed Waiver of Notice of 3301 (c) and Affidavit of Consent:
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
Assemble into two (2) Waiver and Consent packets.
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.
Complete and print two (2) copies of each of the following forms:
Sign and date all copies of the Praecipe To Transmit Record
DO NOT sign Decree.
Assemble in two (2) packets
One packet for the Clerk of Courts-Civil Division containing the following completed documents:
One packet for your records containing the following completed documents:
Take the following items to the Clerk of Courts-Civil Division located in the lower level of the Northampton County Courthouse.
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.
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