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More information is available on the Coronavirus Information Page.

Filing a No Fault Divorce under § 3301 (c)(1) of the Divorce Code
Mutual Consent
Self Help - Lehigh County Court of Common Pleas

This informational section is for reference and research purposes. This section explains the basic forms needed for a plaintiff to file a simple Mutual Consent No Fault Divorce in Pennsylvania in a step by step format.

Divorce in Pennsylvania involves important legal rights involving money, property, and custody of children. The forms provided on this website are not appropriate for everyone. If you and/or your spouse have property, such as real estate, automobiles, life insurance, pension and retirement benefits, stocks, bank accounts, credit cards, mortgages, loans, or other assets and debts, you should seek the advice of an attorney. Marital property is all property acquired during marriage, regardless of whose name is on a title, policy, or account. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.

State and Local Court Rules Must Be Followed.

If the Defendant is serving in the military, then STOP and consult an attorney.

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Before you begin using the forms on the computer, print a copy of the checklist. This printable checklist is meant to be used in conjunction with this self-help divorce section.

IMPORTANT NOTICE: To complete the divorce successfully, you must follow all instructions on the checklist and on the forms exactly as written. You must also record the dates on which you take certain steps on the printed checklist so that you have those dates to complete other forms later in the process. If you fail to do the steps in the proper order, fail to complete steps, or fail to keep track of dates, you risk having your divorce denied. Completing the divorce process is your responsibility. No additional assistance is available.

General Instructions To Parties With No Lawyer

There are complex rules of law that everyone who comes to court must follow. You must follow these rules even though you are not a lawyer because the rules exist to provide an orderly process to reach a fair conclusion. Click here

  • Complete the following form:
    • Praecipe for self-representation pdf
Section 1 - Complaint Preparation
  • Complete the following:
    • Complaint Packet: (Form 4 Complaint and Form 3 Notice to Defend and Claim Rights) pdf
Section 2 - E-Filing the Complaint Packet
Option 1 E-filing at the Lehigh County Courthouse
  • Take the following to the Lehigh County Courthouse, Clerk of Judicial Records room 122.
    • Completed, signed and printed Complaint Packet.
    • Completed, signed and printed Praecipe for self-representation form.
    • Cash, Money order or Credit/Debit Card to cover divorce filling fees. No personal checks will be accepted. Note when using a Credit/Debit Card a service fee will be added. For filing fees see the Civil Fee Schedule.
  • Give the completed, signed and printed forms to the Civil Clerk at the window.
  • Pay all filing fees.
    NOTE: For an additional $1.00 per page conversion fee, the Civil Clerk will E-file your documents for you at the window when you pay, then you may skip the Kiosk.
  • Proceed to Kiosk to E-file original documents.
  • You will receive one (1) time-stamped complimentary copy for your records.
  • You MUST make an additional copy of the time-stamped complaint packet for Section 3-Serving the Defendant by Certified mail.
Option 2 E-filing from your personal computer
  • Register at https://lehigh.tylerhost.net/ofsweb.
    Information regarding registration, independent filer instructions, and Family Court Guidelines are available under the Self-Help section of the Lehigh County Odyssey File & Serve site at https://lehigh.tylerhost.net/ofsweb.
  • E-filing a new action, choose "Start a New Case" from the Filer Dashboard.
    • Select the Family category and select your case type.
    • Enter the party names/addresses.
    • Select each filing code.  After selecting the filing code, you will be able to upload the document.
    • Confirm your payment information.
    • Submit the filing to the review queue.
  • A notification will be sent upon acceptance or rejection of the filing.  An acceptance notification will contain the case number assigned and the time-stamped document(s). Print one (1) time-stamped copy for Section 3-Serving the Defendant by Certified mail.
Section 3 - Serving the Defendant by Certified mail

Time Deadline of Service

The Plaintiff must serve the defendant with the Complaint Packet (form 4) and the Notice to Defend (form 3) within 30 days of the date that Forms 3 and 4 were filed with the Clerk of Judicial Records or within 90 days if the Defendant does not live in the state of Pennsylvania.

Manner of Service

Certified mail, return receipt requested, restricted delivery

Step 1 Preparing Complaint Packet for Service
  • Address an envelope to the defendant.
  • Put one (1) copy of the time-stamped E-filed Complaint Packet in the envelope addressed to the defendant.
Step 2 Going to the Post Office
  • Take your printable Checklist that contains instructions on how to send Certified mail, return receipt requested, restricted delivery.
  • Take the envelope addressed to the defendant containing Complaint packet.
  • Take money for postage.
Step 3 Completing Domestic Return Receipt (green post card form 3811)
  • Obtain Domestic Return Receipt from the post office.
  • Complete according to instructions on your printable checklist.

If you are unsuccessful or unable to serve the Defendant, then STOP and consult an attorney.

Section 4 - Proof of Service

When you receive the Domestic Return Receipt (green post card Form 3811) that was signed by the defendant do the following:

Step 1. Form Preparation
  • Complete the following forms:
    • Form 5C Affidavit of Service of Complaint: pdf
    • Form Exhibit A:pdf
Step 2. Attach
  • Attach the Domestic Return Receipt (green post card Form 3811) signature side up to Form Exhibit A.
Section 5 - E-Filing Proof of Service

NOTE: Exhibit A with attached Domestic Return Receipt must be scanned to pdf. If you do not have a scanner, you may E-file at the Clerk of Judicial Records as described in Option 1.

Option 1 E-filing at the Lehigh County Courthouse
  • Take the following to the Lehigh County Courthouse, Clerk of Judicial Records room 122
    • Completed, signed and printed Form 5C Affidavit of Service
    • Exhibit A with attached Domestic Return Receipt (green post card Form 3811) signature side up
    • Cash or Credit/Debit Card to cover fees. No personal checks will be accepted. Note when using a Credit/Debit Card a service fee will be added.
  • Choose to E-file at the Kiosk or by the Civil Clerk.
    • Proceed to Kiosk to E-file original documents at no cost.
    OR
    • Give completed, signed and printed forms to the Civil Clerk at the window.
    • Pay conversion fee of $1.00 per page. The Civil Clerk will E-file your documents for you.
  • You will receive one (1) time-stamped complimentary copy for your records.
  • Retain original Domestic Return Receipt (green post card Form 3811) for records.
Option 2 E-filing from your personal computer
  • Log into your OFS account https://lehigh.tylerhost.net/ofsweb
  • Choose "File into Existing Case" from the Filer Dashboard.
    • Select each filing code.  After selecting the filing code, you will be able to upload the document.
    • Confirm your payment information.
    • Submit the filing to the review queue.
Section 6 - 90 day waiting period
  • If you were able to complete Section 4-Proof of Service and Section 5-E-filing Proof of Service, you now have proof that you served the Complaint (Form 4) and Notice to Defend (Form 3) on the defendant.
  • You must wait 90 days (3 full months) from the date of service before proceeding to the next section. Date of Service is the date the defendant signed the green post card Form 3811.
  • Calculate 90 days from date of service. Do not continue to Section 7 until after the 90 day waiting period ends.
Section 7 - Waiver of Notice and Affidavit of Consent
Defendant's Waiver of Notice and Affidavit of Consent
Step 1. Form Preparation
  • Complete the following forms and print the number of copies indicated on each form.
    • Form 6D Waiver of Notice Under 3301 (c)(1): pdf
    • Form 7D Affidavit of Consent: pdf
Step 2. Mail
  • Mail unsigned forms to the defendant:
    • One (1) copy of Form 6D Waiver of Notice Under 3301 (c)(1)
    • One (1) copy of Form 7D Affidavit of Consent
    • One (1) self-addressed stamped envelope
    • Include instructions to sign, date and immediately return the forms 6D and 7D to you.
Plaintiff's Waiver of Notice and Affidavit of Consent
Step 1. Form Preparation
  • Complete the following forms and print the number of copies indicated on each form.
    • Form 6P Waiver of Notice Under 3301 (c)(1): pdf
    • Form 7P Affidavit of Consent: pdf

NOTE: You must complete Section 8 within 30 days from the date the Defendant signed forms 6D and 7D

Section 8 - E-Filing Waiver of Notice and Affidavit of Consent

NOTE: Form 6D Waiver of Notice Under 3301 (c)(1) and Form 7D Affidavit of Consent must be scanned to pdf. If you do not have a scanner, you may E-file at the Clerk of Judicial Records as described in Option 1.

Option 1 E-filing at the Lehigh County Courthouse
  • Take the following to the Lehigh County Courthouse, Clerk of Judicial Records room 122.
    • Completed, signed and printed Form 6D Waiver of Notice Under 3301 (c)(1).
    • Completed, signed and printed Form 7D Affidavit of Consent.
    • Completed, signed and printed Form 6P Waiver of Notice Under 3301 (c)(1).
    • Completed, signed and printed Form 7P Affidavit of Consent.
    • Cash or Credit/Debit Card to cover fees. No personal checks will be accepted. Note when using a Credit/Debit Card a service fee will be added.
  • Choose to E-file at the Kiosk or by the Civil Clerk.
    • Proceed to Kiosk to E-file original documents at no cost.
    OR
    • Give completed, signed and printed forms to the Civil Clerk at the Window.
    • Pay conversion fee of $1.00 per page. The Civil Clerk will E-file your documents for you.
  • You will receive one (1) time-stamped complimentary copy for your records.
Option 2 E-filing from your personal computer
  • Log into your OFS account https://lehigh.tylerhost.net/ofsweb.
  • Choose "File into Existing Case" from the Filer Dashboard.
    • Select each filing code.  After selecting the filing code, you will be able to upload the document.
    • Confirm your payment information.
    • Submit the filing to the review queue.
Section 9 - Praecipe to Transmit Record
  • Complete the following forms:
    • Form 8 Praecipe to Transmit Record: pdf
    • Form 9 Decree: pdf
Section 10 - E-Filing Praecipe to Transmit Record
Option 1 E-filing at the Lehigh County Courthouse
  • Take the following to the Lehigh County Courthouse, Clerk of Judicial Records room 122.
    • Completed, signed and printed Form 8 Praecipe to Transmit Record.
    • Completed Form 9 Decree.
    • Cash or Credit/Debit Card to cover filing fees. No personal checks will be accepted. Note when using a Credit/Debit Card a service fee will be added.
  • Give completed forms to Civil Clerk at the Window.
  • Pay all filing fees.
    NOTE: For an additional $1.00 per page conversion fee, the Civil Clerk will E-file your documents for you at the window when you pay, then you may skip the Kiosk.
  • Proceed to Kiosk to E-file original documents.
  • You will receive one (1) time-stamped complimentary copy for your records.
Option 2 E-filing from your personal computer
  • Log into your OFS account https://lehigh.tylerhost.net/ofsweb.
  • Choose "File into Existing Case" from the Filer Dashboard.
    • Select each filing code.  After selecting the filing code, you will be able to upload the document.
    • Confirm your payment information.
    • Submit the filing to the review queue.

We recommend that you use the printable checklist.

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Disclaimer
The forms and instructions that are available from this website are not a substitute for professional legal advice. Court employees cannot give you legal advice or help you fill out /complete the forms. It is your responsibility to read and complete the forms and to take required steps to file and serve the documents. If you decide to use these forms in an actual action, be prepared to spend appropriate time gathering information, completing forms and following the Rules of Court. The Court assumes no responsibility for the use of these forms and accepts no liability for actions taken by using these documents, including reliance on the instructions and/or contents. To obtain legal advice and to insure the proper use of this material, you should contact a lawyer.

If you want to obtain the service of an attorney, but do not know whom to contact, you should visit the Lehigh Bar Association's Lawyer Referral Service website.

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