The Pennsylvania Notice of Intention to Request Entry of 3301(d) Divorce Decree is a document used in the state of Pennsylvania to initiate the legal process of divorce. It is filed with the Court of Common Pleas in the county where the petitioner (the person seeking the divorce) resides. The Notice of Intention serves to notify the court of the petitioner's intent to pursue a divorce, and the 3301(d) Divorce Decree is the final document that will be entered to officially end the marriage. There are two types of Pennsylvania Notice of Intention to Request Entry of 3301(d) Divorce Decree: a mutual agreement form and a unilateral agreement form. The mutual agreement form is used when both parties agree to the divorce and all the terms of the divorce, such as alimony, child support, and property division. The unilateral agreement form is used when only one party is requesting the divorce and is willing to accept the other party's terms of the divorce. In either case, the Notice of Intention must be signed by both parties or their respective attorneys and notarized. The Notice of Intention must also include the date the parties separated, the county where the parties were last domiciled, the number of years the parties have been married, and a statement of the grounds for the divorce. Once the Notice of Intention is filed with the court, the parties must wait a minimum of 90 days before the final Decree can be entered by the court.
Pennsylvania Notice of Intention to Requset Entry of 3301(d) Divorce Decree
Description Divorce Decree Draft
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FAQ
A certified copy of a Divorce Decree can be obtained in the Office of Judicial Records, Civil Filing Center, Room 296, City Hall either in person over-the-counter or by written request via mail. Acceptable payment options are cash, certified check or money order.
(3) In the case of an action for divorce under section 3301(d), an affidavit has been filed and no counter-affidavit has been filed or, if a counter-affidavit has been filed denying the affidavit's averments, the court determines that the marriage is irretrievably broken and the parties have lived separate and apart
Certified copies of divorce decrees may be obtained by contacting the Prothonotary Office of the county in which the decree was granted. A widow or widower must provide documentation to show proof of the date of death of their former spouse (ex. Obituary, Death Certificate, etc.)
Procedurally, both parties must sign an affidavit of consent for a mutual consent divorce under Section 3301(c). For a divorce based on two year separation under 3301(d), one of the parties must file an affidavit of separation and then serve the other party with the filed affidavit as well as a counter-affidavit.
The easiest way to obtain your divorce certificate is by ordering it online through vitalrecordsonline.com. You can also visit the vital records office in the state where the wedding ceremony took place, but ordering online is generally quicker and more convenient.
--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has: (1) Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. (2) Committed adultery.
Whereas this law previously stated that the spouses involved with the divorce must have been living separately for no less than two years, the law now reads that the involved spouses must be separated for no less than one year in order to obtain a lawful divorce in PA under 3301(d).
In Pennsylvania a divorce can take anywhere from 90 days to a year (or more) depending on whether you filed uncontested vs. contested or on fault-based grounds and a variety of other factors.