Ways to serve a spouse divorce papers in pa, after 90 day waiting period.

Asked over 1 year ago - Williamsport, PA

My 90 day waiting period is up and it's time to go back to the courthouse to file the praecipe to transmit, waiver, and affidavit. I believe I am to send him a copy again of these papers, in Lycoming county is sheriff service the only acceptable service vs. Hand delivery or certified mail... Etc?

Attorney answers (1)

  1. Scott L Levine

    Contributor Level 13

    Answered . For an uncontested divorce (3301c) you do not serve the Defendant with any additional documents after the initial Divorce Complaint.

    It sounds like you purchased a kit divorce that included various forms. Such divorce kits are confusing. Some kits come with directions regarding personally serving the defendant, while some contain an “acceptance of service” for the defendant to sign and file.

    That being said, assuming the divorce is uncontested and there are no property issues, once 90 days has elapsed from the date of service (via personal service or acceptance of service) of the divorce complaint; both parties are able to file their respective Affidavits and Waivers.

    Once both parties have filed their Affidavit of Consent and Waiver of Notice, then the moving party is able to Praecipe to Transmit the Record. It may be helpful for you to have an attorney complete this process for 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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