The court will not grant a divorce unless the appropriate paperwork is filed. Under Pennsylvania law, if you have been separated two years or more and you have filed a divorce complaint under section 3301(d) of the divorce code, then you will need to serve the 3301(d) affidavit on your spouse with a counteraffidavit. Your spouse then has 20 days to file the counteraffidavit with the Prothonotary. If your spouse fails to file a counteraffidavit, you must serve a warning together with notice of your intention to obtain a divorce decree without your spouse's consent. Your spouse then has another 20 days to file the counteraffidavit. If no counteraffidavit is filed after the second 20 day period and you have proof of service and file an affidavit of service, you can then complete the Praecipe to Transmit the record and a decree in divorce will be issued.
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