Divorce Decree in Pennsylvania: What It Is, How to Get It, and Certified Copies
Divorce Decree in Pennsylvania: What It Is and How to Get Certified Copies
The divorce decree is the court order that officially ends your marriage in Pennsylvania. Until a Court of Common Pleas judge signs this document and the Prothonotary records it, you are still legally married — regardless of how long you have been separated or how many other forms you have filed.
How the Decree Gets Issued
The final divorce decree is not something you apply for on its own. It is the last step in a multi-phase process:
- You file and serve the divorce complaint
- You wait out the statutory period (90 days for mutual consent, or one year for separation)
- You file the required affidavits (consent or Section 3301(d))
- You file the Praecipe to Transmit Record (Form 10) along with a proposed Divorce Decree and self-addressed stamped envelopes for both parties
The Praecipe instructs the Prothonotary to transmit the entire case file to a judge. The judge reviews the record to confirm that every statutory requirement has been met: residency, proper service, the correct waiting period, and that no unresolved economic claims are pending. If everything checks out, the judge signs the decree.
The Prothonotary records the signed decree and mails certified copies to both parties using the self-addressed stamped envelopes you provided.
What the Decree Contains
A Pennsylvania divorce decree is typically a brief document. It states:
- The names of both parties
- The docket number
- The statutory ground for divorce (mutual consent or irretrievable breakdown)
- The date the marriage is dissolved
- A reference to any incorporated settlement agreements
- The judge's signature and date
The decree does not repeat the terms of your property settlement agreement or custody arrangements. Those documents are attached or incorporated by reference.
Why the Decree Matters
The divorce decree is the only document that legally proves your marriage has ended. You will need certified copies for:
- Remarriage — you cannot legally remarry without proof of dissolution
- Name changes — the Social Security Administration, PennDOT, and the State Department all require a certified decree
- Financial account updates — banks, retirement plan administrators, and insurance companies need it to remove a former spouse
- Real estate transactions — title companies may require proof of marital status
- Tax filing — your filing status changes effective the date on the decree
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Getting Certified Copies
If you need additional certified copies beyond what the Prothonotary mails automatically, contact the Office of the Prothonotary (or Office of Judicial Records) in the county where your divorce was filed. Request a "certified copy of the divorce decree" by docket number.
The fee for certified copies varies by county but typically runs $5-$25 per copy. Some counties accept requests by mail (with a check and self-addressed stamped envelope), while others require you to visit in person.
Order multiple certified copies at once — you will likely need several for different agencies and institutions.
Common Issues
The judge will not sign. If the judge finds a deficiency in the record — an improperly filed proof of service, a missing affidavit, an unresolved economic claim — the decree comes back unsigned. You must fix the deficiency and resubmit the Praecipe.
You never received your copy. If the self-addressed stamped envelopes were not included or had the wrong address, the Prothonotary cannot mail the decree. Contact the office directly with your docket number.
You lost your decree. A lost decree does not affect your legal status — the original remains on file with the court. Request new certified copies from the Prothonotary.
Your decree is from decades ago. Older decrees may be archived. The county courthouse can still issue certified copies, though it may take longer to retrieve the file.
The Pennsylvania Divorce Filing Process Guide covers the entire sequence from complaint through decree, including exactly how to prepare and submit the finalization packet so the judge has everything needed to sign on first review.
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