Finalizing a Collaborative Divorce in PA

Once your collaborative settlement is signed, the divorce is finished on paper. Both spouses sign affidavits of consent (at least 90 days after the complaint was served) and file them within 30 days, sign waivers of notice, and one spouse files a praecipe to transmit the record. The judge then signs the decree, and the settlement can be made part of it so the court can enforce it.

This last stage is mostly paperwork, but it is paperwork with deadlines and exact forms. Getting it right is what turns months of collaborative work into a decree you can rely on. For the stages that come before it, see how a collaborative divorce works, step by step, and for the bigger picture, our collaborative family law page.

How the divorce is finalized, step by step

The complaint is filed and served. Most collaborative divorces use the mutual consent ground in 23 Pa.C.S. § 3301(c). The complaint may have been filed at the start or near the end; service starts the 90-day clock.
The settlement is signed. Your marital settlement agreement and, for parents, a parenting plan are signed by both spouses.
The economic claims are dealt with. Under the court rules, any claims for property division, alimony or counsel fees raised in the pleadings must be withdrawn or resolved by agreement before the decree, unless the court has bifurcated the case (Pa.R.C.P. 1920.42(a)(1)(iii)).
Affidavits of consent are signed and filed. Each spouse signs an affidavit of consent at least 90 days after service of the complaint and files it within 30 days of signing (Pa.R.C.P. 1920.42(a)(1)(ii)). The form is set out in Pa.R.C.P. 1920.72.
Notice is waived or given. Both spouses usually sign waivers of notice of intention to file the praecipe. If they do not, the spouse asking for the decree serves a notice of intention and waits at least 20 days.
The praecipe to transmit the record is filed. This asks the court to review the file and enter the decree.
The decree is entered. The judge signs the divorce decree. The order with it must remind both spouses to review beneficiary designations (23 Pa.C.S. § 3323(b.1)).
Follow-through. Retirement division orders, deeds, title transfers and beneficiary changes are completed.

The documents that finish a mutual consent divorce
Document	Who signs	Timing rule
Complaint in divorce	Filing spouse	At least one spouse resident in Pennsylvania six months before filing (§ 3104(b))
Proof of service or acceptance of service	Server, or the receiving spouse	Service date starts the 90-day period
Affidavit of consent (one per spouse)	Each spouse	Signed 90 or more days after service; filed within 30 days of signing
Waiver of notice of intention (one per spouse)	Each spouse	Without waivers, a 20-day wait after serving a notice of intention
Marital settlement agreement	Both spouses	Resolves the economic claims before the decree
Praecipe to transmit the record	Spouse requesting the decree	Filed once the above are complete
Divorce decree	Judge	Entered after review of the record

Making the settlement enforceable

A settlement signed by both spouses is a contract. Pennsylvania's Divorce Code also gives the court power to enforce agreements the spouses voluntarily entered into as part of the decree, with "all necessary powers, including ... the power of contempt and the power to attach wages" (23 Pa.C.S. § 3323(b)). For that reason, collaborative settlements are usually made part of the decree, and your lawyers will explain exactly how your agreement is worded so it can be enforced later.

Custody is treated separately. Parenting terms are typically submitted as a consent custody order so they are enforceable as a court order on their own; see turning a custody agreement into an order. Property terms are covered in dividing property in a collaborative divorce.

County differences in Pittsburgh and Lawrence County

The final step happens in the county where the divorce was filed. In Allegheny County, the Family Division says the court continues to grant divorces administratively once all required documents are filed with the Department of Court Records. Our guide to the Allegheny County Family Division covers the offices and procedures there.

In Lawrence County, filings go to the Prothonotary's Office on the first floor of the Government Center at 430 Court Street, New Castle. The county's divorce packet lists the complaint, notice to defend and claim rights, acceptance of service, praecipe to transmit record, two affidavits of consent, two waivers of notice and a decree, and lists a $19.00 fee for the praecipe. See what to expect at the Lawrence County Courthouse.

Changing your name back

If you want to resume a prior surname, Pennsylvania lets a party to a divorce action do so at any time before or after the decree by filing a written notice with the prothonotary of the county where the divorce was filed or the decree entered, showing the caption and docket number (54 Pa.C.S. § 704). Many people file it with the final papers so they can update identification promptly.

A closing checklist for the weeks after the decree

The decree ends the marriage, but several practical tasks often remain. Working through them promptly prevents problems that can surface years later, when an account or a policy turns out to be in the wrong name.

Retirement orders. Send any qualified domestic relations order to the plan administrator, who decides whether it qualifies, and keep copies of the approval.
Real estate. Record a new deed if one spouse is keeping the home, and follow through on any refinancing the settlement requires.
Vehicles and accounts. Retitle cars and close or retitle joint accounts as the agreement directs.
Beneficiaries. Review every life insurance policy, retirement plan and transfer-on-death account; the decree order reminds you to reaffirm or change them.
Health insurance. Confirm coverage for each spouse and the children as the settlement provides.
Your will and powers of attorney. Update them so they reflect your new circumstances.
Taxes. Note how alimony and dependency exemptions are handled under your agreement before the next filing season.

What changes the answer

Which ground applies. If one spouse will not sign an affidavit of consent, the § 3301(d) ground requires one year living separate and apart; see residency and separation rules.
When the complaint was served. The 90 days run from service. If you are switching to collaborative after a case was filed, that time may already have passed.
Bifurcation. With both spouses' consent, a court may enter the decree before all economic issues are resolved if it finds sufficient economic protection for any minor children (23 Pa.C.S. § 3323(c.1)). Collaborative couples rarely need this.
Retirement orders. A qualified domestic relations order is reviewed by the plan administrator; it may be prepared before or after the decree.
Timing overall. See how long a collaborative divorce takes for how the clocks fit together.

A worked example

For example, imagine a hypothetical couple in Lawrence County, Pat and Robin. Pat filed a mutual consent complaint, and Robin signed an acceptance of service on May 1. They signed their settlement on September 15. Because more than 90 days had passed since service, both signed affidavits of consent and waivers of notice the same day and filed them with the Prothonotary on September 20, well within 30 days. Pat filed the praecipe to transmit the record, and the decree followed. Robin also filed a notice to resume a prior surname under the divorce caption. Their custody terms were entered as a consent order. This is an illustration only.

Common mistakes

Signing affidavits before day 90. They must be signed at least 90 days after service.
Filing affidavits late. An affidavit not filed within 30 days of signing must be redone.
Leaving economic claims open. Claims raised in the pleadings must be withdrawn or resolved before the decree.
Forgetting beneficiary designations. Review life insurance, retirement and annuity beneficiaries after the decree.
Not following through on retirement orders and deeds. These can be overlooked for years and cause problems later.

What to do this week

Confirm the date the complaint was served and count 90 days forward.
Check that every claim raised in the pleadings is covered by the settlement.
Make a list of follow-through tasks: retirement orders, deeds, titles, beneficiaries.
Decide whether you will resume a prior surname and prepare the notice.
Read what can be changed after the agreement so you know which terms are final.

Frequently asked questions

Do we have to appear in court to finalize?

Usually not. A mutual consent divorce with a complete settlement is finalized on the papers.

What if one spouse will not sign the affidavit of consent?

Then the mutual consent ground is not available, and the one-year separation ground under § 3301(d) may apply.

Is our settlement part of the decree?

It can be. Agreements are usually incorporated so the court can enforce them under § 3323(b).

When does the 90-day period start?

From service of the complaint, under the court rules.

How long after filing the praecipe is the decree entered?

It depends on the county. Allegheny grants divorces administratively once all documents are filed; timing in other counties varies.

Can I change my name in the same case?

Yes. File a notice to resume a prior surname with the prothonotary under the divorce caption and docket number.

How do you finalize a collaborative divorce in Pennsylvania?