Praecipe to Transmit Record in PA Divorce

The Praecipe to Transmit Record is the document that actually finalizes your Pennsylvania divorce. Until you file it, your case sits on the Prothonotary's docket indefinitely — the court does not automatically move your divorce forward. You must affirmatively request that the record be sent to a judge for decree entry.

Many pro se filers complete the hard parts (filing, service, waiting periods) and then stall because they do not know this step exists or what it requires.

What the Praecipe Does

The Praecipe to Transmit Record (Form 10 in the statewide forms) is a one-page filing that instructs the Prothonotary to package your entire case file and send it to a Court of Common Pleas judge. The judge reviews the file, confirms every procedural requirement has been met, and signs the Divorce Decree.

Without this filing, nothing happens. The 90-day mutual consent waiting period can pass, your spouse can sign their consent affidavit, and you can have a complete Property Settlement Agreement — but the divorce is not final until a judge signs the decree, and the judge does not see the file until you file the Praecipe.

When You Can File It

The timing depends on which pathway you are using:

Mutual Consent (Section 3301(c)(1))

You can file the Praecipe after:

1. At least 90 days have passed since service of the complaint
2. Both spouses have signed their Affidavits of Consent (on or after Day 91)
3. Both spouses have signed the Waiver of Notice of Intention to File the Praecipe to Transmit Record

If the defendant signed the consent affidavit but refused to sign the waiver, you must first mail the Notice of Intention to File the Praecipe (with a blank Counter-Affidavit) and wait 20 additional days. If no Counter-Affidavit is filed, you can then file the Praecipe.

One-Year Separation (Section 3301(d))

You can file the Praecipe after:

1. The one-year separation period has passed
2. You have filed your Section 3301(d) Affidavit
3. You have served the Notice of Intention and a blank Counter-Affidavit on your spouse
4. Twenty days have passed since that notice was served without the defendant filing a Counter-Affidavit

If both parties are cooperative, they can sign a Waiver of Notice to bypass the 20-day wait.

What to File with the Praecipe

Submit these together as a package:

1. Praecipe to Transmit Record (Form 10) — completed and signed
2. Proposed Divorce Decree — the signature page the judge will sign
3. Self-addressed stamped envelopes — one for each party (the court mails certified copies of the signed decree to both parties)

Some counties also require a final Civil Cover Sheet or a checklist confirming all prerequisites are complete. Call your county's Prothonotary to confirm their specific requirements before submitting.

The Consent Affidavit Rules

The consent affidavits are the most common source of delays in the finalization process. Critical rules:

• Cannot be signed before Day 91: Affidavits signed before the 90-day waiting period expires are invalid. The court counts from the date of service, not the date of filing.
• 30-day filing deadline: Once the first spouse signs their affidavit, both signed affidavits must be filed with the Prothonotary within 30 days. If you miss this window, both affidavits expire and must be re-executed.
• Must be filed before the Praecipe: The signed affidavits must already be on the court docket before you file the Praecipe to Transmit Record.

What Happens After Filing

Once the Prothonotary receives your Praecipe:

1. The Prothonotary assembles the complete case file — complaint, proof of service, affidavits, any settlement agreements, and the proposed decree
2. The file is transmitted to a Court of Common Pleas judge
3. The judge reviews for completeness — confirming residency, service, waiting periods, and that no outstanding claims block the decree
4. The judge signs the Divorce Decree
5. The Prothonotary files the signed decree and mails certified copies to both parties

This process typically takes 2-6 weeks after you submit the Praecipe, depending on the county's case volume. Philadelphia and Allegheny County tend to be slower; rural counties often process within 2-3 weeks.

Common Problems at This Stage

• Economic claims still pending: If either spouse filed a claim for equitable distribution, alimony, or counsel fees that has not been resolved, the judge will not sign the decree until those claims are addressed (either by agreement or hearing)
• Missing proof of service: If the Affidavit of Service was never filed with the Prothonotary, the file is incomplete and the judge sends it back
• Expired consent affidavits: If more than 30 days elapsed between the first signature and filing, the affidavits are void

The Pennsylvania Divorce Filing Process Guide includes a finalization checklist with the exact timing rules, so you know the earliest date you can file the Praecipe and what needs to be on the docket before you submit it.

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