Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE
Rule 1920.72 - Form of Complaint. Affidavits under Section 3301(c) or Section 3301(d) of the Divorce Code. Counter-Affidavits

Universal Citation: 231 PA Code ยง 1920.72

Current through Register Vol. 54, No. 38, September 21, 2024

(a) The complaint in an action of divorce under Section 3301(c) or Section 3301(d) shall begin with the Notice to Defend and Claim Rights required by Pa.R.C.P. No. 1920.71 and shall be substantially in the following form:

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(b) The Affidavit of Consent required by Section 3301(c) of the Divorce Code and Pa.R.C.P. No. 1920.42(a)(1)(ii) or (b)(1)(ii) shall be substantially in the following form:

(Caption)

AFFIDAVIT OF CONSENT

1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on_____________________________

(Date)

and served on the defendant on_________.

(Date)

2. The marriage of plaintiff and defendant is irretrievably broken and 90 days have elapsed from the date of filing and service of the Complaint.

3. I consent to the entry of a final decree of divorce after service of the Notice of Intention to File Praecipe to Transmit Record.

I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date:___________________ __________

(PLAINTIFF)

(DEFENDANT)

(c) The Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code and required by Pa.R.C.P. No. 1920.42(b)(1)(ii)(B) shall be substantially in the following form:

(Caption)

NOTICE

If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within 20 days after this affidavit has been served on you or the statements will be admitted.

AFFIDAVIT TO ESTABLISH PRESUMPTION OF CONSENT UNDER SECTION 3301(c)(2) OF THE DIVORCE CODE

1. I am the victim of a personal injury crime as defined in § 3103.

2. My spouse was convicted of the crime averred in Paragraph 1 on insert date in the Court of Common Pleas of______insert county name______County. The docket number(s) is/are______insert docket number______.

3. The personal injury crime(s) for which my spouse was convicted: Check all that apply:

[] 18 Pa.C.S. Ch. 25 (relating to criminal homicide)

[] 18 Pa.C.S. Ch. 27 (relating to assault)

[] 18 Pa.C.S. Ch. 29 (relating to kidnapping)

[] 18 Pa.C.S. Ch. 30 (relating to human trafficking)

[] 18 Pa.C.S. Ch. 31 (relating to sexual offenses)

[] 18 Pa.C.S. § 3301 (relating to arson and related offenses)

[] 18 Pa.C.S. Ch. 37 (relating to robbery)

[] 18 Pa.C.S. Ch. 49 Subch. B (relating to victim and witness intimidation)

[] 75 Pa.C.S. § 3732 (relating to homicide by vehicle)

[] 75 Pa.C.S. § 3742 (relating to accidents involving death or personal injury)

I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

__________ _______________

Date (PLAINTIFF) (DEFENDANT)

(d) The Affidavit under Section 3301(d) of the Divorce Code required by Pa.R.C.P. No. 1920.42(c)(1)(ii) shall be substantially in the following form:

(Caption)

NOTICE

If you wish to deny any of the statements outlined in this affidavit, you must file a counter-affidavit within 20 days after this affidavit has been served on you or the statements will be admitted.

AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE

1. The parties to this action separated on______insert date______.

2. Check (a) or (b):

[] (a)The date of separation was prior to December 5, 2016, and the parties have continued to live separate and apart for a period of at least two years.

[] (b)The date of separation was on or after December 5, 2016, and the parties have continued to live separate and apart for a period of at least one year.

3. The marriage is irretrievably broken.

4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees , costs and expenses, or other important rights if I do not claim them before a divorce is granted.

I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date:_____________________ ______________________

(PLAINTIFF)

(DEFENDANT)

(e) Counter-Affidavits.

(1) The Counter-Affidavit under Section 3301(c)(1) of the Divorce Code required by Pa.R.C.P. No. 1920.42(a)(1)(iv) and (a)(2)(i) shall be substantially in the following form:

(Caption)

COUNTER-AFFIDAVIT UNDER SECTION 3301(c)(1) OF THE DIVORCE CODE

I wish to claim economic relief, which may include alimony, division of property, lawyer's fees , costs and expenses, or other important rights.

I UNDERSTAND THAT I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS IN WRITING AND SERVE THEM ON THE OTHER PARTY. IF I FAIL TO DO SO BEFORE THE DATE SET FORTH ON THE NOTICE OF INTENTION TO FILE THE PRAECIPE TO TRANSMIT RECORD, THE DIVORCE DECREE OR ORDER APPROVING GROUNDS FOR DIVORCE MAY BE ENTERED WITHOUT FURTHER NOTICE TO ME, AND I MAY BE UNABLE THEREAFTER TO FILE ANY ECONOMIC CLAIMS.

I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

Date:______________________________ _____________________________

(PLAINTIFF)

(DEFENDANT)

NOTICE: IF YOU DO NOT WISH TO CLAIM ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTERAFFIDAVIT.

(2) The Counter-Affidavit under Section 3301(c)(2) of the Divorce Code required by Pa.R.C.P. No. 1920.42(b)(1)(iii) and (b)(2)(i) shall be substantially in the following form:

(Caption)

COUNTER-AFFIDAVIT UNDER SECTION 3301(c)(2) OF THE DIVORCE CODE

1. Check either (a) or (b):

[] (a) I do not oppose the entry of a divorce decree.

[] (b) I oppose the entry of a divorce decree because:

(Check (i), (ii), or both)

[](i) I have not been convicted of a personal injury crime as defined in 23 Pa.C.S. § 3103.

[](ii) My spouse was not the victim of a personal injury crime for which I have been convicted.

2. Check (a), (b), or (c):

[] (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, costs and expenses, or other important rights if I do not claim them before a divorce is granted.

[] (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees, costs and expenses, or other important rights.

I UNDERSTAND THAT IN ADDITION TO CHECKING 2(b), I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS IN WRITING AND SERVE THEM ON THE OTHER PARTY. IF I FAIL TO DO SO BEFORE THE DATE SET FORTH ON THE NOTICE OF INTENTION TO FILE THE PRAECIPE TO TRANSMIT RECORD, THE DIVORCE DECREE OR ORDER APPROVING GROUNDS FOR DIVORCE MAY BE ENTERED WITHOUT FURTHER NOTICE TO ME, AND I MAY BE UNABLE THEREAFTER TO FILE ANY ECONOMIC CLAIMS.

[] (c) Economic claims have been raised and are not resolved.

I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.

Date:____________________________________ _________________________________________

(PLAINTIFF)

(DEFENDANT)

NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE OR ORDER APPROVING GROUNDS FOR DIVORCE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.

(3) The Counter-Affidavit under Section 3301(d) of the Divorce Code required by Pa.R.C.P. No. 1920.42(c)(1)(iii) and (c)(2)(i) shall be substantially in the following form:

(Caption)

COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE

1. Check either (a) or (b):

[] (a) I do not oppose the entry of a divorce decree.

[] (b) I oppose the entry of a divorce decree because:

Check (i), (ii), (iii) or all:

[] (i)The parties to this action have not lived separate and apart for the required separation period: two years for parties that separated prior to December 5, 2016, and one year for parties that separated on or after December 5, 2016.

[] (ii) The marriage is not irretrievably broken.

[] (iii)There are economic claims pending.

2. Check (a), (b) or (c):

[] (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees , costs and expenses, or other important rights if I do not claim them before a divorce is granted.

[] (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees , costs and expenses, or other important rights.

I UNDERSTAND THAT IN ADDITION TO CHECKING (2)(b), I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS IN WRITING AND SERVE THEM ON THE OTHER PARTY. IF I FAIL TO DO SO BEFORE THE DATE SET FORTH ON THE NOTICE OF INTENTION TO FILE THE PRAECIPE TO TRANSMIT RECORD, THE DIVORCE DECREE OR ORDER APPROVING GROUNDS FOR DIVORCE MAY BE ENTERED WITHOUT FURTHER NOTICE TO ME, AND I MAY BE UNABLE THEREAFTER TO FILE ANY ECONOMIC CLAIMS.

[] (c) Economic claims have been raised and are not resolved.

I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date:____________________ __________________

(PLAINTIFF)

(DEFENDANT)

NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE OR ORDER APPROVING GROUNDS FOR DIVORCE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.

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