In a Pennsylvania divorce, the Affidavit of Consent is the one-page form each spouse signs to tell the court they both agree the marriage is over and want it ended without a trial. Once both spouses file their affidavits, along with the rest of the required paperwork, a judge can enter a final decree. Signing is simple. The risk is what signing can cost you: if you haven’t already raised your claims to alimony or a share of marital property, those rights can be permanently waived once the decree is entered.
What the Form Says and How to Complete It
The Affidavit of Consent is prescribed by Pennsylvania Rule of Civil Procedure 1920.72, and the Unified Judicial System publishes a downloadable version on its website.1Unified Judicial System of Pennsylvania. Affidavit of Consent You can also pick up a copy at the Prothonotary’s office in your county courthouse.
The form makes three statements. It identifies the divorce complaint by filing date and service date. It declares that the marriage is irretrievably broken and that at least 90 days have passed since the complaint was filed and served. And it states that the signer consents to the entry of a final divorce decree.2Pennsylvania Code and Bulletin. Pennsylvania Code Rule 1920.72 – Form of Complaint, Affidavits
At the bottom is a verification clause where you affirm that everything in the affidavit is true. That verification is backed by Pennsylvania’s unsworn-falsification statute, 18 Pa.C.S. § 4904, which makes a false written statement a misdemeanor punishable by a fine of at least $1,000.3Pennsylvania General Assembly. Pennsylvania Title 18 Section 4904 – Unsworn Falsification to Authorities Because the verification itself carries that weight, no notary is required. You sign, you date it, and the form is valid statewide.
Match the case caption on your affidavit to the original divorce complaint exactly: both spouses’ full legal names and the court’s docket number. Mismatched captions are one of the most common reasons filings get rejected.
When You Can Sign the Affidavit
Pennsylvania authorizes a no-fault divorce by mutual consent under 23 Pa.C.S. § 3301(c). Three conditions have to be in place: the marriage is irretrievably broken, at least 90 days have passed since the divorce complaint was both filed and served, and each spouse has signed and filed their own Affidavit of Consent.4Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 23 Chapter 33 Section 3301
“Irretrievably broken” means the marriage is over and reconciliation isn’t realistic; neither spouse has to prove the other did anything wrong. The 90-day clock runs from the later of the filing or service date, and both events must sit at least 90 days behind the affidavit. One spouse cannot sign for the other. Both signatures have to be voluntary.
Protect Alimony and Property Claims Before You Sign
This is where people get hurt. Under Pennsylvania’s rules of civil procedure, claims for alimony, attorney fees, costs, and expenses have to be raised before the court enters the final divorce decree. If they aren’t raised by then, they are permanently waived.5Legal Information Institute. Pennsylvania Code Rule 1920.31 – Joinder of Related Claims, Ancillary Claims, Alimony, Counsel Fees, Costs and Expenses Child support is the one exception; it can still be pursued after the divorce is final.
Equitable distribution of marital property follows the same logic. A divorce decree is meant to resolve the property issues raised in the pleadings.6Pennsylvania General Assembly. Pennsylvania Title 23 Section 3323 – Decree of Court If you consent and let the case march toward a decree without ever raising a claim to marital assets, you lose both your leverage and, potentially, your right to a fair split.
If you and your spouse haven’t yet worked out how to divide property, debts, retirement accounts, or whether alimony is appropriate, file those claims before signing. Another option is a bifurcated divorce: with both spouses’ agreement, the court can grant the divorce itself while keeping the case open to resolve financial issues afterward.6Pennsylvania General Assembly. Pennsylvania Title 23 Section 3323 – Decree of Court
Where and How to File
Once both affidavits are signed and dated, they go to the Prothonotary or Office of Judicial Records in the county where the divorce was filed. Filing fees vary by county and by document, and the Pennsylvania courts website cautions that some filing costs can run into the hundreds of dollars, so check your county’s fee schedule first.7Unified Judicial System of Pennsylvania. Divorce Proceedings
Some counties accept electronic filing through PACFile, which handles both new and existing cases.8Unified Judicial System of Pennsylvania. PACFile Not every Common Pleas court participates. Confirm with your county before relying on it, and expect to create a user account.
What Happens After Both Affidavits Are Filed
Filing the affidavits doesn’t finalize anything on its own. Under Pennsylvania Rule of Civil Procedure 1920.42, the spouse who wants the decree has to serve a Notice of Intention to File Praecipe to Transmit Record on the other spouse, then wait at least 20 days before filing the Praecipe that asks the court to finalize the divorce.9Pennsylvania Code and Bulletin. Pennsylvania Code Rule 1920.42 The notice has to include a blank Counter-Affidavit, giving the other spouse one last chance to object, along with a copy of the proposed Praecipe.
Both spouses can skip the 20-day wait by each signing a Waiver of Notice of Intention to File the Praecipe to Transmit Record. The waiver carries an explicit warning that signing it may result in losing rights to alimony, property division, attorney fees, and other claims if they haven’t already been raised.10Legal Information Institute. Pennsylvania Code Rule 1920.73 – Notice of Intention to File Praecipe to Transmit Record, Waiver of Notice, Praecipe to Transmit Record Read it before signing.
Once the 20 days have passed or both waivers are on file, the moving spouse files the Praecipe to Transmit Record, which asks the court to review the file and enter the decree.11Unified Judicial System of Pennsylvania. Praecipe to Transmit Record A judge then signs the final decree. There is no statutory deadline for the court to act, and turnaround depends on the county’s caseload; some counties move in a few weeks, others take a couple of months. When the decree is entered, the marriage is legally over.
If Your Spouse Won’t Sign
Mutual consent only works when both spouses cooperate. If your spouse refuses to sign, the case cannot proceed under § 3301(c), but you don’t have to start over. You can shift to § 3301(d), which allows a divorce based on irretrievable breakdown without the other spouse’s consent after you have lived separate and apart for at least one year. You file an affidavit stating that the separation has lasted a year and the marriage is irretrievably broken. If your spouse doesn’t deny those allegations within 20 days of being served, the court can proceed. If your spouse disputes them, the court can still hold a hearing and grant the divorce if it finds the separation and the breakdown.4Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 23 Chapter 33 Section 3301 Fault-based grounds like desertion, adultery, and cruel treatment also exist, but they require proving misconduct and are slower and more expensive to litigate.