Instructions for:
Form 10
Affidavit of Non-Military
Service Pursuant to
Pa.R.C.P. 1920.46
Form 10 Affidavit of Non-Military Service Pursuant to
Pa.R.C.P. 1920.46
You may not need to file this form. You cannot obtain a 3301(d) divorce
against an unrepresented Defendant if he/she is in the military. Therefore,
you only need to file this form if your spouse is not represented by counsel,
and you are seeking a divorce under Section 3301(d) of the Divorce Code.
The numbers on these instructions correspond with the numbers in the arrowboxes on the
form. Use the form with the arrowboxes to guide you through filling out the blank form.
1. Write the name of the county you are filing in by arrowbox 1. Write exactly what
you wrote on Form 1, by arrowbox 1.
2. Write the name of the Plaintiff by arrowbox 2. Write it exactly as it appears on
Form 1, by arrowbox 2.
3. Write the name of the Defendant by arrowbox 3. Write it exactly as it appears on
Form 1, by arrowbox 3.
4. Write the docket number by arrowbox 4. The docket number is the number that
the Prothonotary's Office wrote on Form 1, by arrowbox 4 at the time of filing.
5. Write your full name by arrowbox 5.
6. Write the date by arrowbox 6.
7. Sign this form by arrowbox 7.
8. File this form with the Prothonotary.
Form 10
Page 1 of 1
IN THE COURT OF COMMON PLEAS OF
_______________________ COUNTY, PENNSYLVANIA
_______________________________, : CIVIL ACTION LAW
PLAINTIFF (your full name) :
:
: Case No. ______________
vs. :
:
_______________________________, :
DEFENDANT (spouse’s full name) : IN DIVORCE
AFFIDAVIT OF NON-MILITARY SERVICE
PURSUANT TO PA.R.C.P. 1920.46.
I, ___________________________________ (your full name), say that I am the
Plaintiff in the above-captioned matter; that I personally know that the Defendant is over
the age of eighteen years, and that Defendant is not in the military service or in any
branch of the armed forces of the United States or its allies or otherwise within the
provisions of the Servicemember's Civil Relief Act, formally the Soldiers’ and Sailors’
Civil Relief Act of Congress of 1940, and the amendments thereto.
I verify that the statements in this document are true and correct to the best of my
knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to
authorities.
Date:____________________ __________________________________
Plaintiff’s Signature
1
2
3
4
5
6
7
IN THE COURT OF COMMON PLEAS OF
_______________________ COUNTY, PENNSYLVANIA
_______________________________, : CIVIL ACTION LAW
PLAINTIFF (your full name) :
:
: Case No. ______________
vs. :
:
_______________________________, :
DEFENDANT (spouse’s full name) : IN DIVORCE
AFFIDAVIT OF NON-MILITARY SERVICE
PURSUANT TO PA.R.C.P. 1920.46.
I, ___________________________________ (your full name), say that I am the Plaintiff in
the above-captioned matter; that I personally know that the Defendant is over the age of eighteen
years, and that Defendant is not in the military service or in any branch of the armed forces of the
United States or its allies or otherwise within the provisions of the Servicemember's Civil Relief Act,
formally the Soldiers’ and Sailors’ Civil Relief Act of Congress of 1940, and the amendments
thereto.
I verify that the statements in this document are true and correct to the best of my
knowledge, information, and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Date:____________________ __________________________________
Plaintiff’s Signature