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No Fault Divorce under § 3301 (d) of the Divorce Code - Two Year Separation
Section D is used when the parties have already lived separate and apart for at least two years. In this type of divorce, defendant's consent may not be not required.
Filing a No Fault Divorce under §3301 (d) of the Divorce Code-Two Year Separation
To file under §3301(d) the parties must have lived separately for two (2) years or more.
This instructional section is for reference and research only. This section explains the basic forms needed for a plaintiff to file a simple No Fault Divorce in Pennsylvania when the parties have been separated for two years 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.
Sign and date all printed copies of the completed forms in Step 1 that require your signature.
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:
Time deadline of Service
The plaintiff must serve the defendant with the Complaint, the Notice to Defend and Notice to Defendant-Plaintiff's Affidavit 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, Notice to Defend and Notice to Defendant-Plaintiff's Affidavit under §3301(d) on the defendant.
You must wait twenty (20) 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.
Do not continue to the next section until after the 20-day waiting period.
NOTE: If the defendant does not respond by filing documents, then STOP and consult an attorney.
Complete the following forms and print the number of copies indicated on each form.
Sign and date all copies of the completed forms from Step 1.
Assemble into three (3) packets.
Mail Defendant's packet to Defendant by regular first-class mail.
Save other two (2) packets for Section 8, Finalization.
You must wait another 20 days from the date you mailed the packet from Section 6, Step 4 which allows Defendant to respond before proceeding to the next section.
If Defendant does respond by filing documents, then STOP and consult an attorney.
Make sure you have mailed the Defendant's packet by First Class Mail.
Complete the following form and print two (2) copies.
Certification of Service
Sign and date all copies of Certification of Service.
Attach one (1) copy to the saved packet from Section 6 for the Clerk of Courts-Civil Division. Hold on to the packet until Section 8 Finalization.
Attach one (1) copy to the saved packet from Section 6 that is for your records. Hold onto this packet until Section 8 Finalization.
You must wait 20 days from the date you mailed the packet from Section 6, Step 4 which allows Defendant to respond before proceeding to the next section.
Complete the following forms and print two (2) copies of each.
Sign and date all copies of the completed forms from Step 1 that require your signature.
Assemble into 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 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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