Can I get an uncontested divorce in Delaware County without a court hearing?

Last updated October 25, 2026.

Yes, when grounds are established by mutual consent or by a one-year separation affidavit your spouse does not deny, and no money claims are left open. In that case the rules direct the court to enter the decree once the required papers are filed, ending with a Praecipe to Transmit Record filed with the Delaware County Office of Judicial Support in Media (Pa.R.C.P. 1920.42), and no hearing is required on any other grounds (23 Pa.C.S. 3301(e)).

A hearing comes in only when something is disputed: the separation facts, or property, alimony or fees that the two of you have not settled. Even in an agreed case, the county handbook says every Delaware County divorce is first assigned to a hearing officer for preliminary matters, so read every notice the court mails. For how we handle divorces in Media, see our divorce page.

What makes a Pennsylvania divorce "uncontested"?

The phrase is not in the statute, but the rules spell out exactly what the court needs before it "shall enter a decree in divorce" without a contest. For a mutual consent divorce, Rule 1920.42(a)(1) lists five things:

• Proof that the complaint was served has been filed.
• Both spouses signed Affidavits of Consent 90 days or more after service of the complaint and filed them within 30 days of signing.
• The claims for property division, alimony, counsel fees and costs have been withdrawn, resolved by agreement or court order, or never raised.
• Both spouses signed Waivers of Notice of Intention, or one served the other a Notice of Intention to File the Praecipe to Transmit Record.
• The spouse asking for the decree filed the Praecipe to Transmit Record, waiting at least 20 days after any notice was served.

The one-year route under 3301(d) works the same way at the end, except that one spouse files an affidavit of separation and the other simply does not deny it (Rule 1920.42(c)(1)). The averments in that affidavit are deemed admitted unless denied by counter-affidavit (Pa.R.C.P. 1920.14(b)). When a spouse refuses both options, see what if my spouse will not consent to a divorce.

How does an uncontested divorce work in Delaware County, step by step?

1. File the complaint. The complaint for a 3301(c) or (d) divorce follows the statewide form, begins with the Notice to Defend and Claim Rights, and is signed subject to the penalties of 18 Pa.C.S. 4904 (Pa.R.C.P. 1920.72(a)). The county's family court handbook says divorce forms are filed in the Office of Judicial Support, Room 124, first floor of the Government Center at the Courthouse complex in Media. The office's divorce page says the filing fee begins at $291.25 and rises with added counts; the full schedule is in what a divorce costs in Delaware County.

2. Serve your spouse. Service follows Pa.R.C.P. 1930.4, by hand or by certified and first-class mail. The details are in how to file for divorce in Delaware County.

3. Wait at least 90 days. The statute requires 90 days from the start of the action (3301(c)(1)), and the affidavit form itself states that 90 days have passed since filing and service (Rule 1920.72(b)).

4. Settle the money issues in writing. If either complaint or answer raised property, alimony or fee claims, they must be resolved by agreement or withdrawn before the decree (Rule 1920.42(a)(1)(iii)).

5. Sign and file the affidavits. Each spouse signs an Affidavit of Consent stating that the marriage is irretrievably broken and consenting to a final decree (Rule 1920.72(b)), and files it within 30 days of signing.

6. Waive the notice or serve it. Each spouse can sign a Waiver of Notice of Intention (Rule 1920.73(b)). Otherwise, the spouse asking for the decree serves a Notice of Intention giving a date at least 20 days after it was mailed or delivered (Rule 1920.73(a)).

7. File the praecipe. The Praecipe to Transmit Record asks the Prothonotary to send the record to the court and lets you check "a divorce decree with marital settlement agreement attached" (Rule 1920.73(c)). The county schedule lists the fee at $24.50.

8. The decree issues. The decree states that the spouses "are divorced from the bonds of matrimony" and reminds both to reaffirm or change beneficiaries on insurance, annuities and pensions (Pa.R.C.P. 1920.76). The waiver form tells each spouse that a copy of the decree will be sent "immediately after it is filed" (Rule 1920.73(b)).

What is the timeline on each route?

These are minimums. The full timeline, including what adds months, is in how long a divorce takes in Pennsylvania.

When does a hearing become necessary?

A denied separation affidavit. If a spouse files a counter-affidavit denying the separation, the date of separation or that the marriage is broken, either side may present a motion, and the court hears testimony or appoints a hearing officer to do it (Rule 1920.42(c)(1)(iii)). Why the date is so often fought over is in why the date of separation matters.

Money claims nobody settled. If grounds are established but property, alimony or fees are still open, the court enters an order approving grounds and holds the decree until those claims are resolved; then a party may ask the court to hear them or to appoint a hearing officer (Rule 1920.42(a)(2) and (3)). In Delaware County, a motion for a case management conference must certify that an inventory was filed (Local Rule 1920.54(d)).

Fault grounds. A fault divorce under 3301(a) requires proof, so it is not decided on papers alone.

One local note: the county handbook says all divorce actions are first assigned to a hearing officer who handles preliminary matters, with notices mailed weeks ahead. Read every notice you receive. Delaware County family court as a whole is described in what to expect in Delaware County family court.

How does a settlement agreement fit in?

When there is property to divide, an uncontested divorce rests on a written agreement covering property, debts and, where needed, alimony, because those claims must be resolved before the decree. Delaware County Local Rule 1920.76(c) provides that when spouses agree their written agreement may be incorporated into the decree, a signed and dated copy is submitted with a decree stating that the agreement "is hereby incorporated but not merged into this Decree for enforcement purposes only." Some couples reach that agreement with a mediator; see whether to use mediation or go to court.

Whether or not an agreement is merged or incorporated, either spouse may use the Divorce Code's remedies to enforce it as though it were a court order, unless the agreement says otherwise (23 Pa.C.S. 3105(a)). Terms on property, alimony, alimony pendente lite and counsel fees cannot be modified by the court unless the agreement allows it (3105(c)). Terms on child support, custody and visitation can be modified on changed circumstances (3105(b)).

What a fair division looks like is covered in how property is divided in a Pennsylvania divorce. Dividing a retirement plan can take a separate plan order, which the county fee schedule lists as a QDRO; see how pensions and retirement accounts are divided.

What changes the answer?

A personal injury crime. If one spouse was convicted of a listed crime against the other, consent can be presumed, and only the victim's affidavits are needed (3301(c)(2); Rule 1920.42(b)).

A spouse who cannot be found. On the 3301(d) route, the notice of intention is not required if the court finds no attorney has appeared for the defendant and the defendant cannot be located after a diligent search (Rule 1920.42(c)(1)(v)(B)). If the defendant never appears, an affidavit about military service is also required (Pa.R.C.P. 1920.46).

Children. Custody and child support have their own procedures; the decree rule's list of claims to resolve names the economic claims under Rules 1920.31 and 1920.33. See the steps in a Delaware County custody case.

A different county. Chester and Montgomery County cases follow the same statewide rules with their own offices and fees; see Chester County family court and Montgomery County family court.

Same-sex spouses. The same statute and rules apply to every marriage; see our page on same-sex divorce in Pennsylvania.

For example: a no-hearing divorce in Ridley Township

Here is a hypothetical. A couple in Ridley Township with no children decide to divorce. They rent, each keeps their own car, and they have one joint savings account and two retirement accounts. One spouse files a no-fault complaint with no added counts on February 3 and serves it by certified and first-class mail; the signed return receipt is dated February 10.

They sign a written agreement splitting the savings and leaving each with their own retirement account. On May 12, more than 90 days after service, both sign Affidavits of Consent and Waivers of Notice of Intention, and they file them the same week. The filing spouse then files the Praecipe to Transmit Record, checking "divorce decree with marital settlement agreement attached." With nothing left to decide, the decree can be entered without a hearing. This example only illustrates the rules; it is not a prediction for any case.

What mistakes do people make in an uncontested divorce?

• Signing the consent too early. It must be signed 90 days or more after service, and filed within 30 days of signing (Rule 1920.42(a)(1)(ii)).
• Leaving a claim open. A property claim raised in the complaint must be resolved or withdrawn first, and withdrawing one needs a filed agreement, written consent, or a 20-day notice (Pa.R.C.P. 1920.17(b)(1)).
• Filing a counter-affidavit by mistake. The form says that if you do not wish to claim economic relief, you should not file it (Rule 1920.72(e)).
• Treating the waiver as the divorce. The waiver form says you are not divorced until the court enters a decree (Rule 1920.73(b)).
• Forgetting beneficiaries and deeds. The decree warns that failing to reaffirm or change beneficiaries may result in revocation of a spouse's designation (Rule 1920.76), and for real estate held by the entireties, the decree does not change the lien rules until it is recorded with the recorder of deeds (23 Pa.C.S. 3507(d)).
• Letting the file sit. Delaware County Local Rule 1920.88 provides that a divorce or ancillary matter that has not progressed by the filing of a petition or other proceeding within two years is disposed of by the Office of Judicial Support under Pa.R.J.A. 1901, and is reinstated only by petition and rule showing good cause.

What should I do this week?

1. Confirm that one of you has lived in Pennsylvania for at least six months and which county you will file in.
2. Write down the date of marriage, the date of separation and every asset and debt.
3. Talk through a written agreement on property, debts and any alimony.
4. Decide whether you will both sign consents or whether the one-year route fits.
5. Calendar 90 days from the date of service.
6. Have the agreement reviewed before anyone signs it; see what to bring to a divorce consultation.

Frequently asked questions

Will I have to go to the Courthouse at all?

The papers are filed at the Office of Judicial Support in the Government Center in Media. If grounds are established by consent or an undenied 3301(d) affidavit and nothing is left to decide, the rules let the decree be entered on the papers (Rule 1920.42), but you should still respond to any notice the court mails.

Can my spouse take back a consent after signing?

Not alone. A filed Affidavit of Consent may be withdrawn only by an order of court (Rule 1920.42(a)(1)(ii)).

Is our settlement agreement public?

The Office of Judicial Support says the decree itself is available to anyone, but only the parties and their attorney of record may see the rest of a divorce file, and Delaware County Local Rule 1920.90 limits inspection by others to court order for good cause.

How do I get a copy of the decree?

The Office of Judicial Support lists $1.00 for a simple copy and $6.00 for each certified copy, and needs the docket number.

Can I go back to my former name?

Yes. The office says a Notice of Election to Retake Maiden Name may be filed once a divorce is filed, for a $24.50 fee, and certified copies are often needed by agencies such as PennDOT.

What if we agree on everything except one asset?

Grounds can still be approved, and the remaining claim goes to the court or a hearing officer while the decree waits (Rule 1920.42(a)(2) and (3)). If that asset is a home, see who gets the house.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about an uncontested divorce in Delaware County. Evening and weekend appointments are available.