A few questions about filing PA divorce papers

Asked almost 2 years ago - Gettysburg, PA

I'm filing divorce in PA, what does "manner of service of complaint" mean? it is asking me to fill that in on form 6. also, do I have to wait exactly 90 days after the initial complaint to file the rest of my papers, or can I file at 88 days?

Attorney answers (2)

  1. Brian Edward Sipe

    Contributor Level 15

    3

    Lawyers agree

    Answered . "Manner of service" simply means how the papers were delivered to the defendant. This could be in person by a process server that you hired or by certified mail (and first class regular mail). You should attach proof such as the copy of the return receipt if certified or an affidavit by the process server. As for amount of time that must pass, it must be more than 90 days for the filing of the mutual no-fault affidavit. Any sooner and the prothy will send it back.

  2. David Neil Reinherz

    Pro

    Contributor Level 7

    1

    Lawyer agrees

    Answered . Manner of Service is just showing how you got the Divorce Complaint to your spouse. You must prove to the Court that your spouse was notified. There are several ways to serve her and easiest may be for her to sign a form know as "acceptance of service". From the time she is served, if you are filing under PA Divorce Code section 3301C (mutual consent), you must then wait at least 90 days for signatures of Consent Forms and some other final paperwork. The 90 day waiting period is a cooling off period to make sure you folks do not reconcile. If you have been separated more than 2 years, you might consider using section 3301D and then the 90 day waiting period would not apply and the divorce could be done faster. The divorce process can definitely be tricky if the wrong papers are filed and the timing is also important, as we can infer from your questions. Best of luck and we have more info on our blog at www.DavidReinherz.com and website at www.ReinherzLaw.com. Best of luck to you!

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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