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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 5522 (August 28, 2021).

231 Pa. Code Rule 1920.72. Form of Complaint. Affidavits under Section 3301(c) or Section 3301(d) of the Divorce Code. Counter-Affidavits.

Rule 1920.72. Form of Complaint. Affidavits under Section 3301(c) or Section 3301(d) of the Divorce Code. Counter-Affidavits.

 (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:


(Caption)
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE

 1. Plaintiff is


, who currently resides at (Name)

,
,
,
   (Address)…(City)…(County)   


, since
.
     (State)              (Date)

 2. Defendant is


, who currently resides at (Name)

,
,
,
   (Address)…(City)…(County)   


, since
.
   (State)              (Date)

 3. 


has/have been a bona fide resident(s)       (Plaintiff and/or Defendant)
in the Commonwealth for at least six months immediately previous to the filing of this Complaint.

 4. The plaintiff and defendant were married on


at (Date)       


,  

    (City)             (State/Country)

 5. There have been no prior actions of divorce or for annulment between the parties except


.

 6. The marriage is irretrievably broken.

 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling.

 8. Plaintiff requests the court to enter a decree of divorce.

 I verify that the statements made in this Complaint 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.


Plaintiff
Date:



Attorney for Plaintiff   

 (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


and served on the defendant on
.

 (Date)                    (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 23 Pa.C.S. §  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 COUNTER-AFFIDAVIT.

 (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.

Source

   The provisions of this Rule 1920.72 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended March 23, 1987, effective July 1, 1987, 17 Pa.B. 1499; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5324; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended September 11, 1995, effective January 1, 1996, 25 Pa.B. 4099; amended April 10, 1997, effective July 1, 1997, 27 Pa.B. 2042; amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended May 6, 2015, effective July 1, 2015, 45 Pa.B. 2457; amended November 18, 2016, effective December 5, 2016, 46 Pa.B. 7620; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059. Immediately preceding text appears at serial pages (394406) to (394410).



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