If you plan to serve copies of your legal papers by mail, please use form 1. Please use the appropriate affidavit of service form for the mode of service you will use. 440 states the options for service of legal papers other than original process. 1930.4 states the options for service of original process, the custody or divorce complaint. A court will not act on your case unless you have served the court papers and filed proof that you followed Rules of Court. Proof of Service, called Affidavit of Service or Certificate of Service, is a form you must file with the court explaining how court papers were delivered to the other party. Court papers may be served by personal service - handing a copy of the paper to the other party – but not by you or a person related to you. Court papers may be served by mail, but you must follow very specific rules. Service is the delivery of court papers to a plaintiff or a defendant. For No Fault and Applicable Time of Separation (3301 d) proceedings, use the forms below. You are required to “serve” or deliver a copy of each form you prepare to the opposing side. You must print each form and take it to the designated office in your county courthouse. Once you have completed these forms, contact your local courthouse administration for additional instructions. The previous requirement of two year separation was amended by the Pennsylvania General Assembly in 2016, reducing the separation time requirement to one year after the effective date of the new law. 5, 2016, you are required to be living separate and apart from your spouse for a period of TWO YEARS, before filing your complaint in divorce. If the period of separation from your spouse began before Dec. 5, 2016 you will need to be living separate and apart from your spouse for a period of ONE YEAR, before filing your complaint in divorce. If the period of separation from your spouse began on or after Dec. No fault and applicable time of separation 3301(d) Office is called the Prothonotary or Office of Judicial Records. Once completed, take the IFPįorm to the appropriate records office in your county courthouse. The court may require that you appear in personįor a hearing or a judge may decide based upon the information you You will be asked for your incomeĪnd expense statements. The form below entitled, In Forma Pauperis, a Latin term, If youĬannot afford to pay these fees to the court, you will need to complete Some court filing costs may be in the hundreds of dollars. The type of document, or pleading, to the county in which you begin yourĬase. I can't afford to pay the filing feesĬosts to record, or “file” documents such as the complaint, vary from You must read the divorce procedure to choose the correct forms for your case. Instructions before completing each form. Each of the documents listed below include a blank form and the
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