Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE
Rule 1920.12 - Complaint
Universal Citation: 231 PA Code ยง 1920.12
Current through Register Vol. 54, No. 38, September 21, 2024
(a) Except as provided by subdivision (b), the plaintiff shall set forth in the complaint as to the cause of action of divorce or for annulment
(1) The names of the plaintiff and defendant
and, if either party is a minor or incompetent, a statement to that effect and
the name and address of such party's guardian, if any;
(2) The residence of the plaintiff;
(3) The last known residence and present
whereabouts of the defendant, or that the plaintiff has no knowledge thereof,
and in that case the names and addresses of near relatives and other persons
who would be likely to know the present residence and whereabouts of the
defendant;
(4) an averment that the
plaintiff, defendant or both have resided in the Commonwealth for at least six
months immediately previous to the commencement of the action;
(5) The date and place of marriage;
(6) The ground on which the action is based,
stated substantially in the language of the Divorce Code;
(7) whether there has been any prior action
of divorce or for annulment of marriage between the parties in this or any
other jurisdiction and if so the caption, court, term and number thereof, the
date commenced, the grounds therefor and the present status if pending or the
final disposition thereof;
(8) in
an action under Section 3301(a)(6), 3301(c) or 3301(d) of the Divorce Code, an
averment that the plaintiff has been advised of the availability of counseling
and that the plaintiff may have the right to request that the court require the
parties to participate in counseling; and
(9) a prayer for relief.
(b) The complaint in an action based upon Section 3301(c) or (d) of the Divorce Code shall be substantially in the form prescribed by Rule 1920.72(a).
(c) Every complaint shall begin with a notice substantially in the form prescribed by Rule 1920.71.
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