Pennsylvania Divorce Complaint Form: How to Fill Out and File It

The Notice to Defend and Divorce Complaint (Form 1) is the document that officially starts your divorce case in Pennsylvania. It is a multi-part form that must be assembled correctly — the Notice to Defend goes on top, the body of the complaint states your grounds and factual allegations, and a signed Verification goes on the bottom. Filing it wrong gets your packet rejected at the Prothonotary counter.

The Three Parts of Form 1

Notice to Defend (top). This is a mandatory warning that must be the first page the defendant sees. It informs your spouse that they are being sued for divorce and must respond within 20 days or risk losing important rights — including the right to equitable distribution of property, alimony, and counsel fees. You cannot file the complaint without the Notice to Defend attached on top.

Divorce Complaint (body). The complaint itself states:

• The names and addresses of both parties (using the Caption format required by the county)
• The date and place of marriage
• Whether minor children were born of or adopted during the marriage
• The statutory ground for divorce — typically Section 3301(c)(1) (mutual consent) or Section 3301(d) (irretrievable breakdown based on one-year separation)
• Any additional counts being filed (custody, equitable distribution, alimony, support)
• The relief requested (dissolution of the marriage)

Verification (bottom). This is a sworn statement signed by the plaintiff confirming that the facts in the complaint are true and correct. The Verification must include language about "unsworn falsification to authorities" under 18 Pa. C.S. § 4904, which warns that providing false statements carries criminal penalties.

How to Fill It Out

Use blue ink. While not universally mandated, several counties (including Butler) require it, and blue ink is universally accepted. Black ink copies can be mistaken for photocopies.

State your ground clearly. If you are pursuing mutual consent, cite 23 Pa. C.S. § 3301(c)(1). For one-year separation, cite 23 Pa. C.S. § 3301(d). Do not select fault-based grounds unless you understand the evidentiary requirements — fault grounds require formal hearings and proof of misconduct.

Include additional counts if needed. If you need the court to address custody, equitable distribution, alimony, or support, you must request those in the complaint (or in a separate petition). Adding counts increases the filing fee — typically $46-$174 per additional count depending on the county.

Redact confidential information. Under the UJS Public Access Policy, do not include full Social Security numbers, financial account numbers, driver's license numbers, or minor children's names in the body of the complaint. This information goes on a separate, sealed Confidential Information Sheet. Attach a Certificate of Compliance confirming you followed these rules.

What to File With the Complaint

Your complete filing packet includes:

1. The assembled Form 1 (Notice to Defend + Complaint + Verification) — original plus two copies
2. Civil Cover Sheet (statewide requirement)
3. Vital Statistics Form (H105/SFN) — demographic data including Social Security numbers
4. Confidential Information Sheet — sealed
5. Certificate of Compliance — confirming redaction of confidential data
6. County-specific cover sheets or information sheets (check with your local Prothonotary)
7. Filing fee payment (varies by county, $190-$350+ for divorce alone)

Take the complete packet to the Office of the Prothonotary (or Office of Judicial Records, depending on your county). The clerk reviews the packet, stamps the documents, assigns a docket number, retains the original, and returns the time-stamped copies to you.

Common Mistakes

Omitting the Notice to Defend. The most common rejection. The Notice to Defend must be the first page of your filing packet. Without it, the clerk will send you away.

Filing in the wrong county. You must file in a county where you or your spouse resides. If both of you have recently moved, verify the venue rules under Pa. R. Civ. P. 1920.2.

Missing the Vital Statistics Form. Both parties' Social Security numbers must be provided to the Prothonotary before a decree can be entered. Submit this form with your initial filing.

Wrong payment method. Philadelphia and Allegheny Counties reject cash and personal checks. Check your county's accepted payment methods before making the trip.

The Pennsylvania Divorce Filing Process Guide provides plain-language instructions for completing Form 1 and every subsequent form in the divorce process, with county-specific filing details and deadline trackers.

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