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Guide to Uncontested Divorce in Pennsylvania

December 23, 2025

Uncontested / Simple Divorce in Pennsylvania: A Plain-English Guide

Thinking about ending your marriage but worried about long, expensive court battles? In Pennsylvania, the highest intent “simple divorce” path has a specific legal name: Mutual Consent Divorce under Section 3301(c) of the Divorce Code. If you and your spouse can cooperate, this is the 90-day track many people are searching for when they type “3301(c) divorce” or “mutual consent divorce PA.”

This guide explains, in plain English, how a Mutual Consent Divorce (3301(c)) works in Pennsylvania: who qualifies, the major steps, the mandatory 90-day period, and the Pennsylvania court vocabulary you’ll see like Notice to Defend and Claim Rights, Complaint in Divorce, Affidavit of Consent, Waiver of Notice, and the Praecipe to Transmit Record.

Important disclaimer: PlainDivorce.com is not a law firm. This article is legal information only, not legal advice. Court rules, forms, and fees can change, and counties may have different local practices. Always double-check with your local Court of Common Pleas (often through the Prothonotary) or a Pennsylvania family law attorney if you’re unsure.

Table of Contents

uncontested divorce in Pennsylvania

1. What Is a Mutual Consent Divorce in Pennsylvania (3301(c))?

People often say “uncontested divorce” as a general phrase, but in Pennsylvania, the most common agreement based no fault route is Mutual Consent Divorce under Section 3301(c). This is the process where:

  • You and your spouse agree the marriage is irretrievably broken, and
  • After the required waiting period, both of you sign and file the correct consent paperwork so the judge can issue a Divorce Decree.

Pennsylvania also has another no fault path: divorce based on living separate and apart for a required period (commonly one year in modern cases). That route is often used when one spouse will not cooperate with mutual consent, but it is usually slower.

2. Who Qualifies for Mutual Consent Divorce (and What If You Don’t)?

2.1 Residency requirement

To file a divorce case in Pennsylvania, at least one spouse generally must have lived in Pennsylvania for at least six months immediately before filing.

2.2 The real “qualification” for 3301(c): cooperation

The practical requirement for a 3301(c) Mutual Consent Divorce is that both spouses will cooperate and sign the required documents on time. If one spouse refuses to sign, you may have to use the separation based no fault route instead.

2.3 When your case is a good fit for a simple DIY mutual consent divorce

You are usually a good fit for a Mutual Consent Divorce (3301(c)) if:

  • You meet the residency requirement.
  • You both agree the marriage should end.
  • You can agree on property and debts (often through a written settlement agreement), and
  • If you have children, you have workable agreements (or you understand what issues may need separate handling).

3. The 90-Day Rule: What It Means (and What Triggers It)

The signature timeline feature of Pennsylvania Mutual Consent Divorce (3301(c)) is the mandatory 90-day period. The key detail DIY filers miss is the trigger:

  • The 90 days starts from the Date of Service (when your spouse is properly served with the cover pages and Complaint), not the date you file.

So if you file on January 1 but do not serve the papers until January 15, your 90-day clock starts on January 15. Filing early without completing service does not move you closer to finalization.

Important: the 90 days is not a guarantee you will be divorced on day 91. It is the earliest point you can usually file certain key consent documents. Court processing time, service issues, and county procedures can still add weeks (or more).

4. Step-by-Step: Mutual Consent Divorce Process (3301(c))

County procedures can vary, but a typical Pennsylvania Mutual Consent Divorce (3301(c)) often follows this structure.

Step 1 – Prepare and file the cover pages + Complaint in Divorce (the “rejection point”)

The initiating document is usually called a Complaint in Divorce (not a “petition”). You file it in the Court of Common Pleas in the appropriate county. The filing office is commonly the Prothonotary (Pennsylvania’s unique term for the civil court clerk’s office).

Hard stop: the official packets require specific attachments to the Complaint. In many counties and packets, the Notice to Defend and Claim Rights must be the top page of what you file, and there is also a Verification attached. If you file a Complaint without the required cover pages, the filing can be rejected or procedurally defective.

Counseling notice: Pennsylvania packets also include counseling language (often included within the Notice to Defend pages) that tells the other spouse counseling is available. DIY filers often overlook this because they focus only on the Complaint itself.

Step 2 – Serve your spouse correctly (this triggers the 90-day clock)

After filing, you must complete service according to Pennsylvania rules and your county’s instructions. Service problems are one of the biggest causes of delays in DIY cases.

Step 3 – Wait the required 90 days from the Date of Service

In a true 3301(c) case, you must wait at least 90 days from the date the Complaint package was served before you can file the consent stage forms. Use this time to make sure your paperwork is consistent (names, dates, addresses, and service details).

Step 4 – File the Affidavits of Consent (both spouses)

After the 90 days have elapsed, both spouses typically sign and file an Affidavit of Consent confirming mutual consent and irretrievable breakdown. This is one of the most searched documents in Pennsylvania DIY divorce because it is the heart of the mutual consent process.

Step 5 – Waiver of Notice (or serve a Notice of Intention, depending on your packet)

Many Pennsylvania packets include a document called a Waiver of Notice (often a “Waiver of Notice of Intention to File the Praecipe to Transmit Record”). In plain English, it means a spouse is waiving additional notice and allowing the case to move forward to final review. Some packets instead use a Notice of Intention that must be mailed and then you wait an additional period before the final step.

Step 6 – File the Praecipe to Transmit Record (the “send it to the judge” trigger)

This is a major Pennsylvania specific term. The Praecipe to Transmit Record is the document that typically tells the Prothonotary/court to transmit the file for judicial review so a judge can enter the Divorce Decree (assuming everything is complete).

Step 7 – Receive the Divorce Decree

If the paperwork is correct and requirements are satisfied, the judge signs a Divorce Decree. Keep certified copies if you will need proof for name changes, benefits, refinancing, or remarriage.

5. Key Pennsylvania Forms and “Hard Stops” DIY Filers Miss

Exact form names can vary by county packet, but these are the Pennsylvania specific “entities” that show up again and again in 3301(c) Mutual Consent cases:

  • Notice to Defend and Claim Rights (mandatory cover pages attached to the front of the Complaint in many official packets).
  • Complaint in Divorce (the initiating document).
  • Verification (attached to the Complaint as required by the packet/rules).
  • Proof of Service paperwork (because service issues are a common delay point).
  • Affidavit of Consent (signed by both spouses after the 90 days from service).
  • Waiver of Notice or Notice of Intention (depends on the packet path used).
  • Praecipe to Transmit Record (the trigger that moves the file for final review).
  • Divorce Decree (the final court order signed by the judge).

Vital statistics note (often called “Form 240”): many counties’ divorce materials also reference a Vital Statistics information form used to register the divorce with the Department of Health. Because requirements can be county specific, treat this as a “check your county packet” item and confirm with your Prothonotary before filing or before requesting the final decree.

6. Special Issues When You Have Children

You can still complete a mutual consent divorce if you have children, but custody and child support are not automatic. Many couples handle custody and support through a written agreement and/or separate county procedures depending on what you are asking the divorce court to decide.

If there is conflict, safety risk, or serious disagreement about parenting time or support, talk to a lawyer or legal aid before relying on a DIY approach.

7. What It Typically Costs (and Why Counties Vary)

Pennsylvania divorce filing fees vary by county and are paid to the Prothonotary when you file the Complaint package. Plan for these common cost buckets:

  • Court filing fees (county specific).
  • Service costs (sheriff/process server or certified mail costs, depending on allowed service methods).
  • Notary fees (many affidavits/verifications require notarization).
  • Certified copies of the Divorce Decree (if needed).

Example (county specific): Montgomery County’s published Prothonotary fee schedule lists $300 to file a Divorce Complaint. Your county may be higher or lower, so always confirm with your county’s current fee schedule right before filing.

If money is tight, ask your county about fee waiver options (often described as proceeding in forma pauperis) and eligibility requirements.

8. When a DIY Divorce Might Not Be Right for You

A cheap divorce is not a win if it leaves you unprotected. Consider getting legal advice (or avoiding DIY) if:

  • There is domestic violence, coercion, intimidation, or a serious power imbalance.
  • You suspect hidden income/assets or do not understand the family finances.
  • You have complex property (business, large retirement accounts, multiple real estate holdings).
  • There are major disagreements about custody or support.
  • There are significant immigration, tax, or benefits consequences.

9. Where a Self-Help Divorce Kit Fits In

If your case truly fits Mutual Consent Divorce (3301(c)), a self-help kit can help you stay organized through the Pennsylvania specific steps, especially the service details, the 90-day from service timing, and the final trigger paperwork like the Praecipe to Transmit Record.

A good kit typically helps you:

  • Follow a clean step-by-step roadmap (file → serve → wait 90 days from service → consent → praecipe → decree).
  • Use checklists so you do not miss “hard stop” attachments like the Notice to Defend cover pages.
  • Avoid common delay causes (service errors, missing signatures, inconsistent dates).
Download Our Pennsylvania Mutual Consent (3301(c)) Divorce Self-Help Kit

The kit is not a substitute for a lawyer, and it cannot cover every unusual situation, but it can reduce guesswork for many standard mutual consent cases and help you avoid common paperwork mistakes.

10. Final Thoughts and Next Steps

If you and your spouse can cooperate, Mutual Consent Divorce (Section 3301(c)) is often the simplest Pennsylvania route because it is designed around agreement and a clear 90-day rule.

Your best next steps are to:

  • Confirm residency and county filing procedures with your Prothonotary.
  • File a complete Complaint package (including the required cover pages and verification).
  • Complete service correctly and record the Date of Service (that is your 90-day trigger).
  • Mark your calendar for the 90-day milestone and prepare the consent and praecipe steps carefully.

Remember: PlainDivorce.com is not a law firm and cannot give legal advice. If you have questions about fairness, safety, or your rights, speaking with a Pennsylvania family law attorney or legal aid office is the best next step.

11. Frequently Asked Questions

What is an uncontested or simple divorce in Pennsylvania?

In Pennsylvania, most people mean a Mutual Consent Divorce under 3301(c), where both spouses agree the marriage is irretrievably broken and sign the required consent paperwork after the mandatory waiting period. Many counties use specific cover pages and packet steps that must be followed for the case to move forward.

Do the 90 days start when I file?

No. In a typical 3301(c) packet, you must wait 90 days from the Date of Service of the Complaint package. Filing without completing service does not start the clock.

Where do I pay and file in Pennsylvania?

You typically file in the Court of Common Pleas in your county, often through the Prothonotary (the civil clerk’s office). Counties can have local requirements and fee schedules, so confirm your county checklist before filing.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.