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No Fault Divorce -Two Year Separation

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.

A downloadable PDF containing these complete instructions and the necessary forms is available here:
§3301(d) Two Year Separation Divorce Form Packet
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.

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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