When it comes to the divorce process, you need to take many different aspects of the law into consideration. Aside from reviewing factors that affect how custody is awarded or marital property and debt is divided, it is important for those approaching divorce to understand the time limits that are in place. For example, there are time limits related to serving a divorce complaint, and understanding these requirements helps you plan ahead and work through your divorce smoothly.
Every divorce is unique and you need to understand different factors that could impact your divorce.
How long do you have to serve a divorce complaint?
According to the Pennsylvania Courts, those who file a divorce in this state have 30 days to serve the divorce complaint to the other party. In addition to serving the complaint, the defendant also needs to receive a Claim Rights form and a Notice to Defend form. However, if the other party does not reside in the state of Pennsylvania, you have 90 days to serve the documents.
What if the divorce complaint is not served in time?
There are a number of reasons why some people are unable to serve divorce papers in time. In these situations, people can file a Praecipe to Reinstate the Complaint form, which will give them another 30 days (or 90, if the defendant is outside of Pennsylvania) to serve the documents. You are able to file a Praecipe to Reinstate the Complaint multiple times until the documents are served. Moreover, your divorce cannot move forward without proper service of these forms.