Does the certificate of service have to be filed within a certain amount of days once the defendent is served the affadavit and counteraffadavit?

UPDATED: Oct 1, 2022

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Does the certificate of service have to be filed within a certain amount of days once the defendent is served the affadavit and counteraffadavit?

I filed for divorce last year. there is nothing to fight over as we have been separated more than 20 years, but just never got divorced. For that reason, I followed the directions online to do this without an attorney. My ex was served the affidavit, non-military affidavit, and the notice of intent and counter-affidavit last May by certified mail as that is the way he was served the initial complaint paperwork. I did get the green card back from the certified mail within a few days. I just never had a chance to get back to the Prothonotary’s Office with the Certificate of Service and the certified mail postcard attached because it is filed in another county. I am getting ready to proceed with finishing up the divorce and want to know if I can still file that card and Certificate with the office, or if I need to redo that step. In other words, do I need to have that Certificate and the green card from the post office filed within a certain amount of time or as long as he was served within the 30 days doesn’t it matter.

Asked on March 22, 2018 under Family Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While it appears through the statute that serving within the 30 days is the requirement and that there is no time limitation to file the affidavit, I am worried that the court may have dismissed the matter "administratively" for inaction. That happens some times.  I am not saying it happened here but I would double check with the matrimonial clerk in your courthouse.  Also, I am going to give you a link to procedure in your courts for matrimonial.  Good luck.

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