Pennsylvania Marital Settlement (Divorce) Agreement Form [PDF]

A Pennsylvania marital settlement agreement is a legal document through which divorcing spouses address their rights and obligations regarding marital matters. These include everything from the distribution of marital property to child support.

Thanks to this document, spouses who find their marriage no longer working can mutually regulate all marital issues. They can decide what is best for themselves and their children (if any), avoiding lengthy court proceedings and expenses.

Spouses can create this agreement by downloading a suitable marital settlement agreement template or hiring a lawyer.

Divorce Forms

Divorce forms are filed with the Court of Common Pleas—Prothonotary or Judicial Records office. The fee varies by county, typically ranging from $200 to $300, while the divorce process typically lasts 90 to 180 days.

Divorce Laws and Legal Requirements in Pennsylvania

Divorce laws and legal requirements in Pennsylvania establish the legal framework of terms, rights, and obligations in the divorce process, enabling spouses to navigate their divorce proceedings.

These usually refer to:

Alimony

Alimony is governed by Chapter 37 of the Statutes of Pennsylvania. According to these laws, the court will determine alimony based on the spouse's request if necessary. When deciding on this, the court considers all relevant factors outlined in this chapter, including:

The earning capacities of both parties
The parties' ages and physical, mental, and emotional conditions
The sources of income of both parties
The relative assets and liabilities of the parties
The property brought into the marriage by either party

For each specific case, the court evaluates the presence of relevant factors and decides whether to determine spousal support, what the amount will be, and for how long. The court can modify its initial decision if circumstances change.

Child support

Child support in Pennsylvania is determined using the statewide guidelines established by the Supreme Court, as outlined in Section 4322. These guidelines are reviewed once every four years and aim to ensure that persons in similar situations are treated similarly.

So, when determining child support, the court considers the child's reasonable needs and the obligor's (the parent paying support) ability to provide that support. This approach includes assessing the net incomes and earning capacities of both parties.

Additionally, the court calculates any unusual needs, expenses, and other relevant factors in determining child support payments.

Division of property

In Pennsylvania, the division of assets and liabilities is based on principles of fairness. For example, the court does not consider faults or wrongdoing (such as infidelity, irresponsibility, etc.) committed by either spouse during the marriage when determining how to divide marital property.

Instead, the court divides marital property fairly and justly, considering various factors, such as each spouse's financial contributions, future financial needs, the duration of the marriage, and any other relevant circumstances that can affect the equitable distribution of marital property.

Grounds for divorce

According to Section 3301, divorce can be granted on grounds that involve fault by one spouse, which include:

Desertion. (The spouse's willful and malicious absence for over a year.)
Adultery. (If the spouse commits infidelity.)
Cruelty. (The spouse endangers the other spouse's life or health.)
Bigamy. (When the spouse enters a second marriage while the first is valid.)
Imprisonment. (If the spouse is sentenced to two or more years.)
Indignities. (When the spouse is making life unbearable for the other spouse.)

Alternatively, divorce can also be granted without implying guilt on either spouse under the following circumstances:

Mental Health. (If the spouse is institutionalized for 18+ months.)
Mutual Consent. (If both parties agree to divorce because their marriage is irretrievably broken and 90 days have passed since the commencement of the divorce action.)
Separation. (If the marriage of the spouses is irretrievably broken and the spouses have lived apart for at least a year before filing a divorce complaint.)

Interim support

Interim support, governed by Section 3702, allows the court to order temporary financial assistance upon the request of one spouse during divorce proceedings.

This support is intended to address specific needs, such as legal fees or other expenses, and will only be granted if there are legitimate and justified reasons for requiring it.

Residency

To meet the residency requirement for divorce under Section 3104(b), one spouse must have resided in the state for at least six months before filing for divorce.

How to File for a Divorce in Pennsylvania in 8 Steps

To file for divorce in Pennsylvania, you should follow this step-by-step guide:

#1. Prepare a Marital Settlement Agreement

Spouses should consider using a marital settlement agreement to resolve divorce issues with minimal stress and cost before entering into court proceedings. This document is practical when spouses agree on all financial and non-financial matters, making it an uncontested divorce.

Additionally, the document can also include a parenting plan that outlines child support, custody, visitation schedules, and other child-related issues.

If there is a conflict of interest between the spouses, it becomes a contested divorce.

#2. Fill Out the Divorce Forms and File Them With the Court

To begin the divorce process in Pennsylvania, you must file a Complaint along with two more forms—the Notice to Defend and Claim Rights on top and the Verification on the bottom. These forms are filed in the office where legal pleadings are processed, and you must pay a filing fee.

It is important that the caption, including the county name, as well as the spouses’ and the docket number, is identical on all documents filed in your case.

#3. Serve the Forms to the Spouse

After filing the initial divorce forms, you must serve them to your spouse within 30 days (or 90 days if they live out of state). If you miss this deadline, you need to file a Praecipe to Reinstate the Complaint and re-serve the documents.

Service can be done in person, through acceptance of service, or by regular and certified mail with a return receipt requested. Filing the above-mentioned Praecipe restarts the clock, giving you another 30 or 90 days to serve your spouse.

#4. Wait Before Filing the Consent Forms

After serving the Complaint, both parties must wait 90 days before filing the consent forms. The waiting period begins on the day the Notice to Defend and Complaint are served.

#5. Filing Affidavit of Consent and Waiver of Notice

Once the 90-day waiting period is over, both parties can file an Affidavit of Consent, indicating their agreement to the divorce. This must be done within 30 days of signing. Additionally, each party can file a Waiver of Notice or one party can send the other a Notice of Intention to File the Praecipe to Transmit the Record.

If both parties file the Waiver of Notice, the case can proceed to a judge immediately. If a Notice of Intention is sent, there is a 20-day waiting period before filing the Praecipe to Transmit Record.

#6. File Final Praecipe to Transmit Record and Divorce Decree

Once both parties have filed their Affidavits of Consent and either filed Waivers of Notice or sent a Notice of Intention to File Praecipe, the final step is to file the Final Praecipe to Transmit Record. This document, along with a proposed Divorce Decree and any other required forms, should be submitted to the court.

Ensure you include self-addressed stamped envelopes for the court to mail the final decree. Additionally, check with your county's court office for any additional required documents to finalize your divorce.

#7. Receive the Divorce Decree

The court will review all the paperwork after you submit the necessary forms. If everything is in order, the court will mail the final Divorce Decree to both parties. Make sure your paperwork is correct to avoid delays; if there are any mistakes, the court may require corrections before issuing the final decree.

#8. Change Your Name

The spouse who intends to change their last name after divorce must include this request in the initial documents. After the court approves the name change and makes a final decision, the spouse changing their name must update all personal documents and notify all institutions where they have accounts.