§ Rule 1920.12 Complaint

Rule 1920.12. Complaint

(a) Except as provided by subdivision (b), the plaintiff shall set forth in the complaint as to the cause of action of divorce or for annulment:

(1) the names of the plaintiff and defendant and, if either party is a minor or incompetent, a statement to that effect and the name and address of such party's guardian, if any;

(2) the residence of the plaintiff;

(3) the last known residence and present whereabouts of the defendant, or that the plaintiff has no knowledge thereof, and in that case the names and addresses of near relatives and other persons who would be likely to know the present residence and whereabouts of the defendant;

(4) an averment that the plaintiff, defendant or both have resided in the Commonwealth for at least six months immediately previous to the commencement of the action;

(5) the date and place of marriage;

(6) the ground on which the action is based, stated substantially in the language of the Divorce Code; [FN1]

(7) whether there has been any prior action of divorce or for annulment of marriage between the parties in this or any other jurisdiction and if so the caption, court, term and number thereof, the date commenced, the grounds therefor and the present status if pending or the final disposition thereof;

(8) in an action under Section 3301(a)(6), 3301(c) or 3301(d) of the Divorce Code, [FN2] an averment that the plaintiff has been advised of the availability of counseling and that the plaintiff may have the right to request that the court require the parties to participate in counseling; and

(9) a prayer for relief.

(b) The complaint in an action based upon Section 3301(c) or (d) of the Divorce Code shall be substantially in the form prescribed by Rule 1920.72(a).

[FN1] 23 Pa.C.S.A. § 3101 et seq.

[FN2] 23 Pa.C.S.A. § 3301(a)(6), (c) or (d).