My divorce decree is deferred because I didnt execute the affidavit within 30 days of the date the affidavit was filed. I was given time to file an Amended praecipe to Transmit. Do I need to re- file or no?If not, what paperwork do I need?
Unlike your certificate of service, which can be filed with the Praecipe to transmit even if it is signed months ago, provided it shows service within 30 days for a Defendant in the Commonwealth or within 90 days for a Defendant outside of Pennsylvania, your Affidavits of Consent must be filed within 30 days of being signed. Sign a new Affidavit of Consent, file it within 30 days, and file an "Amended" (Be sure to add this word to the form if you are using a form) Praecipe to Transmit, noting in the amended praecipe the new filing date from your new Affidavit of Consent. Assuming all else is in order, that should do it and you will not have to repay the filing fee for the new Praecipe to Transmit because it is an "Amended" filing.
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You failed to mention whether the Affidavit is under Section 3301(c), which is Consent to Divorce, or Section 3301(d), which is based upon one (or two) year separation. Assuming you have proceeded under 3301(c), and this is an Affidavit of Consent, sign and date a new Affidavit of Consent and file it immediately. Before you file the Amended Praecipe to Transmit noting the updated Affidavit of Consent, you must send the opposing party a 20 days notice (there is a required form for this) that the Amended Praecipe to Transmit will be filed. You must include a copy of this Notice when you filed the Amended Praecipe. That should be sufficient to get your Divorce Decree.
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