If the defendant fails to appear in the action, the plaintiff shall file an affidavit regarding military service with the motion for appointment of a hearing officer, prior to a trial by the court, or with the plaintiff’s affidavit required by Pa.R.C.P.
Rule 1920.46.Affidavit of Non-Military Service.
Adopted January 28, 1983 · Last amended October 19, 2021 · Last verified June 30, 2026
In one sentenceRule 1920.46 requires a divorce plaintiff to file an affidavit about the defendant's military service when the defendant fails to appear, before seeking certain relief.
Full Text of Rule 1920.46
Plain-English Summary
Federal law protects service members from default judgments while on duty. This rule carries that protection into divorce: when the defendant fails to appear, the plaintiff must file an affidavit regarding the defendant's military service before moving for the appointment of a master or other relief, so an absent service member is not divorced without the protections the law requires.
Frequently Asked Questions
Why is a military-service affidavit needed in a divorce?
To protect an absent service member from default; the plaintiff must file it when the defendant fails to appear.
Official Note
Official Note: The Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901—4043, requires that in cases in which the defendant does not make an appearance, the plaintiff must file an affi- davit of non-military service before the court may enter judgment. If the defendant is in the military service and an attorney has not entered an appearance on behalf of the defendant, a judgment shall not be entered until the court appoints an attorney to represent the defendant and protect his or her interest. Actions for divorce under Section 3301(c)(2) and (d)(1)(i) of the Divorce Code are governed by Pa.R.C.P. No. 1920.42(b) and (c), respectively.
Explanatory Comment. —2003 35 P. S. § 450.602 previously required a certificate of each divorce or annulment decreed in the commonwealth to be transmitted to the Vital Statistics Division of the Commonwealth of Pennsylva- nia Department of Health. The statute was amended October 30, 2001 (P. L. 826, No. 82), § 1, effec- tive in 60 days, to require that the prothonotary submit a monthly statistical summary of divorces and annulments, rather than individual forms for each decree. Thus, subdivision (a) of Rule 1920.46, requiring the filing of the vital statistics form, is no longer necessary. Former subdivision (b) now comprise the entirety of the rule and the title has been amended to reflect that the rule applies only to the affidavit regarding military service.
Amendment History
The provisions of this Rule 1920.46 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended July 30, 2003, effec- tive immediately, 33 Pa.B. 4072; amended August 13, 2008, effective immediately, 38 Pa.B. 4736; amended June 3, 3019, effective October 1, 2019, 49 Pa.B. 3059; amended October 19, 2021, effec- tive January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (396999) to (397000).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: affidavit of non-military serviceservicemembers divorcemilitary service affidavit