Pennsylvania code § 3301. Grounds for divorce.
(a) Fault.--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse
has:
(1) Committed willful and malicious desertion, and absence from the habitation of the injured
and innocent spouse, without a reasonable cause, for the period of one or more years.
(2) Committed adultery.
(3) By cruel and barbarous treatment, endangered the life or health of the injured and innocent
spouse.
(4) Knowingly entered into a bigamous marriage while a former marriage is still subsisting.
(5) Been sentenced to imprisonment for a term of two or more years upon conviction of having
committed a crime.
(6) Offered such indignities to the innocent and injured spouse as to render that spouse's
condition intolerable and life burdensome.
(b) Institutionalization.--The court may grant a divorce from
a spouse upon the ground that insanity or serious mental disorder has resulted in confinement in a mental institution for
at least 18 months immediately before the commencement of an action under this part and where there is no reasonable prospect
that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action.
A presumption that no prospect of discharge exists shall be established by a certificate of the superintendent of the institution
to that effect and which includes a supporting statement of a treating physician.
(c) Mutual consent.--The court may grant a divorce where it is
alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement
of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the |
parties consents to the divorce.
(d) Irretrievable breakdown.--
(1) The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and
an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and
that the marriage is irretrievably broken and the defendant either:
(i) Does not deny the allegations set forth in the affidavit.
(ii) Denies one or more of the allegations set forth in the affidavit
but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least
two years and that the marriage is irretrievably broken.
(2) If a hearing has been held pursuant to paragraph (1)
(ii) and the court determines that there is a reasonable prospect
of reconciliation, then the court shall continue the matter for a period not less than 90 days nor more than 120 days unless
the parties agree to a period in excess of 120 days. During this period, the court shall require counseling as provided in
section 3302 (relating to counseling). If the parties have not reconciled at the expiration of the time period and one party
states under oath that the marriage is irretrievably broken, the court shall determine whether the marriage is irretrievably
broken. If the court determines that the marriage is irretrievably broken, the court shall grant the divorce. Otherwise,
the court shall deny the divorce.
(e) No hearing required in certain cases.--If grounds for divorce alleged in the complaint or counterclaim are established
under subsection
(c) or (d), the court shall grant a divorce without requiring a hearing on any other grounds.
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Pennsylvania code § 3302. Marriage Counseling.
(a) Indignities.--Whenever indignities under section 3301(a)(6) (relating to grounds for dissolution) is the ground for
divorce, the court shall require up to a maximum of three counseling sessions where either of the parties requests it. (b)
Mutual consent.--Whenever mutual consent under section 3301(c) is the ground for divorce, the court shall require up to a
maximum of three counseling sessions within the 90 days following the commencement of the action where either of the parties
requests it.
(c) Irretrievable breakdown.--Whenever the court orders a continuation period as provided for irretrievable breakdown
in section 3301(d)(2), the court shall
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require up to a maximum of three counseling sessions within the
time period where either of the parties requests it or may require such counseling where the parties have at least one child
under 16 years of age.
(d) Notification of availability of counseling.--Whenever section 3301(a)(6), (c) or (d) is the ground
for divorce, the court shall, upon the commencement of an action under this part, notify both parties of the availability
of counseling and, upon request, provide both parties a list of qualified professionals who provide such services. (e) Choice
of qualified professionals unrestricted.--The choice of a qualified professional shall be at the option of the parties, and
the professional need not be selected from the list provided by the court.
(f) Report.--Where the court requires counseling,
a report shall be made by the qualified professional stating that the parties did or did not attend. |
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Pennsylvania code § 3304. Grounds for annulment
of void marriages.
(a) General rule.--Where there has been no confirmation by cohabitation following the removal of an impediment, the supposed
or alleged marriage of a person shall be deemed void in the following cases:
(1) Where either party at the time of such marriage had an existing spouse and the former marriage had not been annulled
nor had there been a divorce except where that party had obtained a decree of presumed death of the former spouse.
(2) Where the parties to such marriage are related within the degrees of consanguinity prohibited by section 1304(e) (relating
to restrictions on issuance of license).
(3) Where either party to such marriage was incapable of consenting by reason of insanity or serious mental disorder or otherwise
lacked capacity to consent or did not intend to consent to the marriage.
(4) Where either party to a purported common-law marriage was under 18 years of age. (b) Procedures.--In all cases of marriages
which are void, the marriage may be annulled as set forth in section 3303 (relating to annulment of void and voidable marriages)
or its invalidity may be declared in any collateral proceeding.
Pennsylvania divorce statutes § 3305. Grounds for annulment of voidable marriages. Nullity (a) General
rule.--The marriage of a person shall be deemed voidable and subject to annulment in the following cases: (1) Where
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either party to the marriage was under 16 years of age unless the
marriage was expressly authorized by the court.
(2) Where either party was 16 or 17 years of age and lacked the consent of parent or guardian or express authorization of
the court and has not subsequently ratified the marriage upon reaching 18 years of age and an action for annulment is commenced
within 60 days after the marriage ceremony.
(3) Where either party to the marriage was under the influence of alcohol or drugs and an action for annulment is commenced
within 60 days after the marriage ceremony.
(4) Where either party to the marriage was at the time of the marriage and still is naturally and incurably impotent unless
the condition was known to the other party prior to the marriage. (5) Where one party was induced to enter into the marriage
due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation
after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.
(b) Status of voidable marriage.--In all cases of marriages which are voidable, either party to the marriage may seek and
obtain an annulment of the marriage but, until a decree of annulment is obtained from a court of competent jurisdiction,
the marriage shall be valid. The validity of a voidable marriage shall not be subject to attack or question by any person
if it is subsequently confirmed by the parties to the marriage or if either party has died.
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Pennsylvania code § 3502. Equitable
division of marital property. Divorce settlement
(a) General rule.-- Upon the request of either party in an action for divorce or annulment, the court shall equitably divide,
distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct
in such percentages and in such manner as the court deems just after considering all relevant factors. The court may consider
each marital asset or group of assets independently and apply a different percentage to each marital asset or group of assets.
Factors which are relevant to the equitable division of marital property include the following:
(1) The length of the marriage.
(2) Any prior marriage of either party.
(3) The age, health, station, amount and sources of income, vocational skills, employability,
estate, liabilities and needs of each of the parties.
(4) The contribution by one party to the education, training or increased earning power of
the other party.
(5) The opportunity of each party for future acquisitions of capital assets and income.
(6) The sources of income of both parties, including, but not limited to, medical, retirement,
insurance or other benefits.
(7) The contribution or dissipation of each party in the acquisition, preservation, depreciation
or appreciation of the marital property, including the contribution of a party as homemaker.
(8) The value of the property set apart to each party.
(9) The standard of living of the parties established during the marriage.
(10) The economic circumstances of each party at the time the division of property is to become
effective. (10.1) The Federal, State and local tax ramifications associated with each asset to be divided, distributed or
assigned, which ramifications need not be immediate and certain. (10.2) The expense of sale, transfer or liquidation associated
with a particular asset, which expense need not be immediate and certain.
(11) Whether the party will be serving as the custodian of any dependent
minor children.
(b) Lien.--The court may impose a lien or charge upon property of a party as security for the payment of alimony or any other
award for the other party.
(c) Family home.--The court may award, during |
the pendency of the action or otherwise, to one or both of the parties
the right to reside in the marital residence.
(d) Life insurance.--The court may direct the continued maintenance and beneficiary designations of existing policies insuring
the life or health of either party which were originally purchased during the marriage and owned by or within the effective
control of either party. Where it is necessary to protect the interests of a party, the court may also direct the purchase
of, and beneficiary designations on, a policy insuring the life or health of either party.
(e) Powers of the court.--If, at any time, a party has failed to comply with an order of equitable distribution, as provided
for in this chapter or with the terms of an agreement as entered into between the parties, after hearing, the court may,
in addition to any other remedy available under this part, in order to effect compliance with its order:
(1) enter judgment;
(2) authorize the taking and seizure of the goods and chattels and collection of the rents
and profits of the real and personal, tangible and intangible property of the party;
(3) award interest on unpaid installments;
(4) order and direct the transfer or sale of any property required in order to comply with
the court's order;
(5) require security to insure future payments in compliance with the court's order;
(6) issue attachment proceedings, directed to the sheriff or other proper officer of the county,
directing that the person named as having failed to comply with the court order be brought before the court, at such time
as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order,
it may deem the person in civil contempt of court and, in its discretion, make an appropriate order, including, but not limited
to, commitment of the person to the county jail for a period not to exceed six months;
(7) award counsel fees and costs;
(8) attach wages; or
(9) find the party in contempt.
(f) Partial distribution.--The court, upon the request of either party, may at any stage of the proceedings enter an order
providing for an interim partial distribution or assignment of marital property.
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Pennsylvania code § 3901.
Mediation programs.
(a) Establishment.--A court may establish a mediation program for actions brought under this part or Chapter 53 (relating
to custody).
(b) Issues subject to mediation.--When a program has been established pursuant to subsection (a), the court
may order the parties to attend an orientation session to explain the mediation process. Thereafter, should the parties consent
to mediation, the court may order them to mediate such issues as it may specify.
(c) Local rules.-- (1) The court shall adopt local rules for the administration of
the mediation program to include rules regarding qualifications of mediators,
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confidentiality and any other matter deemed
appropriate by the court.
(2) The court shall not order an orientation session or mediation in a case where either party
or child of either party is or has been a subject of domestic violence or child abuse at any time during the pendency of
an action under this part or within 24 months preceding the filing of any action under this part.
(d) Model guidelines.--The
Supreme Court shall develop model guidelines for implementation of this section and shall consult with experts on mediation
and domestic violence in this Commonwealth in the development thereof. The effective date of this chapter shall not be delayed
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Pennsylvania code § 4322. Spousal
Support Child Support guidelines.
(a) Statewide guideline.--Child and spousal support shall be awarded pursuant to a Statewide guideline as established
by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall
be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support.
In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support,
the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations
for unusual needs, extraordinary expenses and other factors, such as the parties' assets, as warrant special attention.
The guideline so developed shall be reviewed at least once every four years.
(b) Rebuttable presumption.--There shall be
a rebuttable presumption, in any judicial or expedited process, that the amount of the award which would result from the
application of such guideline is the correct amount of support to |
be awarded. A written finding or specific finding on the
record that the application of the guideline would be unjust or inappropriate in a particular case shall be sufficient to
rebut the presumption in that case, provided that the finding is based upon criteria established by the Supreme Court by
general rule within one year of the effective date of this act.
Pennsylvania divorce statutes § 4324. Inclusion of spousal medical support.
In addition to periodic support payments, the court may require that an obligor pay a designated percentage of a spouse's
reasonable and necessary health care expenses. If health care coverage is available through an obligor or obligee at no cost
as a benefit of employment or at a reasonable cost, the court shall order an obligor or obligee to provide or extend health
care coverage to a spouse. Upon failure of the obligor to make this payment or reimburse the spouse and after compliance
with procedural due process requirement, the court shall treat the amount as arrearages.
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The Pennsylvania Code that
appears here may not include all provisions of Family Law. Some redacting has occurred. You should consult the PA code
or a Pennsylvania divorce attorney.
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