Finding and completing divorce forms is not an easy task. Typically, the type of your divorce will determine which ones are required. Other aspects that will factor in are the family situation, agreement or disagreement of the spouses, disputes related to children and property, as well as specific court requirements.
Here is a list of forms that are generally filed in divorce cases in Montgomery County, Pennsylvania:
- Notice to Defend and Divorce Complaint. In this form, the plaintiff asks to be granted a divorce and explains the reasons for it. They also present basic information about themselves, their spouse, and their marriage.
- Acceptance of Service. The filing party uses this form when they serve the papers on the defendant themselves. The defendant should sign it to confirm that they have received the copies of the initial papers signed.
- Affidavit of Consent. Both parties should sign this form to prove that they consent to the divorce.
- Waiver of Notice. With this form, the court can sign the final Decree without notice to the party who has filed it.
- Praecipe to Transmit Record. This form requests the clerk to send the divorce case records to the judge.
- Divorce Decree. The divorce process ends when the judge signs the Decree, which includes final orders for spouses to abide by.
These are only some of the documents that you may need. You can find Montgomery County divorce forms in pdf format on the local court website. Before you do, you should know exactly which ones are necessary for your specific case.
How to File Divorce Papers in Montgomery County?
To file for divorce in Montgomery County, you need to gather the required forms, fill them in, and file them with the local court. Pennsylvania divorce requires you to follow a standard structured procedure, which is crucial to know if you do not have a lawyer to guide you. Below are the basic steps that should be taken if your case is uncontested.
Step 1: Filing the Complaint
To start the divorce process, one of the parties must file a Complaint with two forms attached: Notice to Defend and Claim Rights and Verification. The plaintiff must bring the original and two copies to the Office of the Clerk of Family Court and pay a filing fee. The clerk will time-stamp the documents, take the original, and return the copies to the plaintiff.
Step 2: Serving the Defendant and Waiting for Their Answer
One of the copies of time-stamped documents must be served on the defendant within 30 days to notify them about the divorce process. If they live outside Pennsylvania, this period will last 90 days. The defendant has 30 days to sign the Affidavit of Service that matches the service type to confirm that they have been served with the papers and file it with the Office of the Clerk of Family Court. There may be additional steps required depending on the mode of service.
Step 3: Waiting Period
After the defendant was served with the papers and filed the answer, the court imposes a 90-day waiting period. It is intended to give the spouses a chance to reconsider their decision to end the marriage.
Step 4: Filing Other Documents
As soon as the waiting period is over, the couple should complete and file some of these forms:
- Affidavit of Consent to confirm that both parties agree to the divorce;
- Waiver of Notice;
- Notice of Intent;
- Praecipe to Transmit Record;
- Decree of Divorce.
Depending on the intentions and agreements of the spouses, the further process and the types of forms they need may differ.
It should also be noted that the parties have 30 days to file an Affidavit of Consent from the date they sign it. If they do not do this in the given period of time, they should resign and refile the form.
Step 5: Finalize Your Divorce
If all the paperwork filed in the previous steps is completed properly and with no mistakes, the court will sign the Decree of Divorce and send copies to both parties. The signed Decree finalizes the divorce process.
Where Do You File Divorce Papers in Montgomery County?
Divorce papers must be filed in the county where either the plaintiff or the defendant lives. You should take the forms to the local county court, the office where legal pleadings are filed. Here is a list of Montgomery County divorce courts.
|Court Name||Court Address||Working Hours||Phone Number|
|Montgomery County Family Court||2 E Airy St, Norristown, PA 19401||Monday-Friday: 8:30 AM – 4:30 PM||(610) 278-3400|
|Montgomery County Court of Common Pleas||Montgomery County Courthouse, Swede & Airy St., Norristown, PA 19401||Monday-Friday: 8:00 AM – 4:30 PM||(610) 278-3000|
|Montgomery County Orphans’ Court||Montgomery County Courthouse, P.O. Box 311, Norristown, PA 19401||Monday-Friday: 8:00 AM – 4:15 PM||(610) 278-3400|
How Much Does It Cost to File Divorce Papers in Montgomery County?
Depending on the type of divorce, it may cost from $200 to about $30,000 in Montgomery County.
Uncontested cases, when the couple can file the papers without outside help, would only entail court fees and perhaps some expenditures on online services. The average Montgomery County divorce filing fees are $200-$400, depending on the court and any additional matters and motions that may be involved. The document preparation services will only add $139 to that sum.
A contested divorce that requires the engagement of attorneys may cost about $17,500-$30,000. The final sum depends on the lawyer’s hourly fee, which ranges from $250 to $350, the number of disputes, and their complexity (if any additional specialists should be involved).
How Long Does It Take to File Divorce Papers in Montgomery County?
Divorce in Montgomery County may last from three months to several years, depending on the circumstances.
A mutual consent divorce in Pennsylvania can be finalized in 90 days since the defendant has been served the papers if there are no mistakes in the paperwork and the judge signs the Decree.
A contested divorce may take much longer, depending on how many disputes need to be resolved and how hard it is to do this. In most complicated cases, it may last for several years.
Can I File My Own Divorce Papers in Montgomery County?
Filing for divorce in Montgomery County can be completed on your own, without the involvement of family attorneys, if there are no disagreements between you and your spouse, and the court does not need to resolve any disputes for you.
Who Can Help with Filling out Montgomery County Divorce Papers?
Our form preparation service can help to complete Montgomery County divorce papers online for only $139. You do not need to look for the forms on your own or worry about checking the wrong box while filling them in. Our system will analyze your answers to our questionnaire and select case-specific documents for you. Within the timeframe you choose, you will receive filled-out forms suitable for your case and detailed instructions on filing them with the court.
Veronica Wuest is a full-time writer and a paralegal who specializes in subjects related to divorce. In her articles, Veronica explores the intricacies of married life, love, and relationships. In addition, she gives practical recommendations and offers guidance for couples who’ve been through the ups and downs of relationships or decided to end them. In her free time, Veronica enjoys yoga and pilates. She is also an avid cook and enjoys trying out new recipes.