Self-represented litigants are held to the same standards as attorneys admitted to the bar of the Commonwealth of Pennsylvania. Representing yourself does not exempt you from understanding and following statewide and local Rules of Court.
For your protection, be sure to verify you have met all up-to-date requirements by contacting the Prothonotary at 610-278-3360. If you are unsure about what or how to file, please contact an attorney of your choice or the Montgomery County Bar Association Lawyer Referral Service at 610-279-9660, extension 201.
Each of the documents listed below include a blank form and the instructions to fill out that form. It is important to read the attached instructions before completing each form. You must read the divorce procedure to choose the correct forms for your case. If at any time you are uncertain, it is in your best interest to contact an attorney as the court is prohibited from providing legal advice.
Costs to record, or “file” documents such as the complaint, vary depending on the type of document you are filing. In the case of a Divorce Complaint, the number of “counts” in the complaint also plays a role. You can find the Prothonotary fee schedule at www.montcopa.org/DocumentCenter/View/19417 or call the Prothonotary at 610-278-3360.
If you and your spouse agree to begin divorce proceedings, use the forms listed below for 3301(c)(1). Once you have completed these forms, you must print each form and take it to the Prothonotary (Filing) office at the Montgomery County Courthouse. For No Fault and Mutual Consent 3301(c)(1) proceedings, use the forms below. You are required to “serve” or deliver a copy of each form you prepare to the opposing side. See Service Forms.
Praecipe To Transmit Record (if Equitable Distribution is NOT required)
If the period of separation from your spouse began on or after Dec. 5, 2016 you will need to be living separate and apart from your spouse for a period of ONE YEAR , before filing your complaint in divorce.
If the period of separation from your spouse began before Dec. 5, 2016, you are required to be living separate and apart from your spouse for a period of TWO YEARS, before filing your complaint in divorce.
The previous requirement of two year separation was amended by the Pennsylvania General Assembly in 2016, reducing the separation time requirement to one year after the effective date of the new law.
Once you have completed these forms, you must print each form and take it to the Prothonotary (Filing) office at the Montgomery County Courthouse. For No Fault and Applicable Time of Separation (3301 d) proceedings, use the forms below. You are required to “serve” or deliver a copy of each form you prepare to the opposing side. See Service Forms.
Praecipe To Transmit Record (if Equitable Distribution is NOT required)
Service is the delivery of court papers to a plaintiff or a defendant. Court papers may be served by mail, but you must follow very specific rules. Court papers may be served by personal service - handing a copy of the paper to the other party – but not by you or a person related to you. Proof of Service, called Affidavit of Service or Certificate of Service, is a form you must file with the court explaining how court papers were delivered to the other party. A court will not act on your case unless you have served the court papers and filed proof that you followed Rules of Court.
Pa. R.C.P. 1930.4 states the options for service of original process, the custody or divorce complaint. Pa. R.C.P. 440 states the options for service of legal papers other than original process.
Please use the appropriate affidavit of service form for the mode of service you will use. If you plan to serve copies of your legal papers by mail, please use form 1. If you use hand deliver service, perhaps by a deputy sheriff or someone else not you or related to you, use form 3a. If your situation requires you to use other means of service different from original process, use form 3d. You will need to consult with the Pennsylvania Rules of Court regarding service in your type of case to ensure you are properly following the rules.