QUESTION

I want to know all the proper procedures to execute a divorce.

Asked on Nov 01st, 2021 on Divorce - Pennsylvania
More details to this question:
I have been separated for 16 years and am now inquiring to information regarding divorcing my husband.
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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Although I trust you are not seeking a detailed step by step instruction manual on practicing law, I am happy to state the general process to obtain an amicable no fault divorce in PA. All divorce cases, indeed virtually all civil and criminal cases, are commenced by filing a complaint.  While that may seem as if the Plaintiff is complaining about something, the word simply refers to the pleading required by the rules to begin a case. Once the complaint is filed, it must be served upon the defendant which service can be accepted or achieved through certified mail or personal service via a process server.   Following service, you must either wait 90 days for the parties to prepare and execute documents consenting to the divorce, or proceed under a one year separation.  In the latter case, you would file an Affidavit alleging that you have been separated for more than one year.  That, in turn, must be filed and served upon the defendant by regular mail. If proceeding under consent, after the 90 days, consent forms may be filed along with a Praecipe to transmit the Record which is the request for a divorce decree.  If proceeding under separation, you must wait 20 days after service of the affidavit before sending a Notice of Intent to Request a Divorce Decree 20 days after the date of the notice.  After that period, the Praecipe may be filed. I strongly advise speaking with a divorce attorney as proceeding pro se can be unnecessarily time consuming and aggravating while the fees for an uncontested amicable divorce easily survive the cost benefit analysis. I trust this answers your questions, but, if you are in the Delaware Valley,  do not hesitate to call or email on a free initial basis.  Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com     
Answered on Nov 02nd, 2021 at 6:50 AM

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