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  1. #1
    Join Date
    Feb 2008
    Posts
    5

    Question Petition to Divorce - Mutual Consent

    My question involves divorce in the State of: Pennsylvania

    Here is some background: My wife came here on a K1 visa (alien fiancee) and right now she is in process of getting her green card. She does not want to stay in the USA and wants to go back. We want to file a petition to the court and get this over with ASAP.
    I have found this petition and affidavit of consent online: http://www.ilrg.com/forms/divorce-mc/us/pa

    We want to file for divorce based on irretrievable breakdown of the marriage, with both parties consenting and will to file an affidavit of consent.
    There are no children and all my wife wants property wise is some money and a plane ticket back which I am fine with. The amount of money is less than 500.
    Please let me know if those forms are the correct forms that I would sent to the Prothonotary office at the local county courthouse?
    I also have a few questions about the form itself:
    1) There is an empty Docket # field, does the courthouse staff fill that out once they receive the petition?
    2) Part 6 - Grounds for no fault: can you give me an example of that would go in here based on out situation?
    3) Part 7 - Marital Settlement agreement: if no such agreement exists does that mean that the marriage will get dissolved as-is with no legal claims coming from any of the sides? Basically a verbal agreement?

    Thanks in advance for your help! I just want this to go as smoothly as possible and luckily my spouse has the same goal.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    73,565

    Default Re: Petition to Divorce - Mutual Consent

    If you need instruction as to how to complete and file forms in a do-it-yourself divorce, I suggest purchasing a book containing forms and instructions for your state (there are probably several available at any local major bookstore, as well as through online stores), or a package of electronic forms plus instructions. If you're not comfortable figuring out how to complete basic paperwork, you need to consider using a paralegal service or hiring a lawyer.

  3. #3
    Join Date
    May 2007
    Location
    Philadelphia, PA
    Posts
    75

    Default Re: Petition to Divorce - Mutual Consent

    Quote Quoting mosa_fan
    View Post
    My question involves divorce in the State of: Pennsylvania

    [snip]

    Please let me know if those forms are the correct forms that I would sent to the Prothonotary office at the local county courthouse?
    I also have a few questions about the form itself:
    1) There is an empty Docket # field, does the courthouse staff fill that out once they receive the petition?
    2) Part 6 - Grounds for no fault: can you give me an example of that would go in here based on out situation?
    3) Part 7 - Marital Settlement agreement: if no such agreement exists does that mean that the marriage will get dissolved as-is with no legal claims coming from any of the sides? Basically a verbal agreement?
    .
    1. Yes, the court will give you a docket number when your Complaint is filed.

    2. Your grounds will be:
    (a) The marriage is irretrievably broken. Pennsylvania Divorce Code Section 3301(c); and

    (b) The marriage is irretrievably broken - two year separation. Pennsylvania Divorce Code Section 3301(d).

    3. You didn't state what, if any, property (or debts) you and your wife held jointly. If there is no real estate or other assets, you don't need a Property Settlement Agreement.

    Good luck.

  4. #4
    Join Date
    Feb 2008
    Posts
    5

    Default Re: Petition to Divorce - Mutual Consent

    Quote Quoting MSGB
    View Post
    1. Yes, the court will give you a docket number when your Complaint is filed.

    2. Your grounds will be:
    (a) The marriage is irretrievably broken. Pennsylvania Divorce Code Section 3301(c); and

    (b) The marriage is irretrievably broken - two year separation. Pennsylvania Divorce Code Section 3301(d).

    3. You didn't state what, if any, property (or debts) you and your wife held jointly. If there is no real estate or other assets, you don't need a Property Settlement Agreement.

    Good luck.
    Thank you for your help!
    There is no joint assets or children. There is some acquired debt during the marriage but I am fine with picking that up. I will be using 3301(c) since we were not separated for 2 years.

    Do you just know this or is there a site that you have where you can look these things up (such as the Divorce Code)?

    Thanks!

  5. #5
    Join Date
    May 2007
    Location
    Philadelphia, PA
    Posts
    75

    Default Re: Petition to Divorce - Mutual Consent

    You should allege both grounds for divorce just in case your wife refuses to sign the Affidavit of Consent. This way, you could get a divorce after two years of separation by signing an Affidavit stating you have been separated for two years, when the time has expired.

    If you're looking for more information on the procedures for filing for divorce, they can be found in the Pennsylvania Rules of Court.

    Feel free to post any additional questions.

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