PRIOR PRINTER'S NO. 692 PRINTER'S NO. 1571
No. 640 Session of 1979
INTRODUCED BY MESSRS. SCIRICA, BERSON, SPENCER, RHODES,
MOEHLMANN, NOYE, WILLIAMS, HOEFFEL, KNEPPER, MRS. M. H.
GEORGE, MRS. HARPER, MESSRS. COHEN, WEIDNER, WAGNER, WHITE,
LEVIN, LASHINGER, EARLEY, WACHOB, RICHARDSON, KUKOVICH
AND CHESS, MARCH 12, 1979
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 24, 1979
AN ACT
1 Consolidating, revising and amending the divorce and annulment
2 laws of the Commonwealth and making certain repeals.
3 TABLE OF CONTENTS
4 Chapter 1. Preliminary Provisions
5 Section 101. Short title.
6 Section 102. Legislative findings and intent.
7 Section 103. Construction.
8 Section 104. Definitions.
9 Chapter 2. Dissolution of Marital Status
10 Section 201. Grounds for divorce.
11 Section 202. Counseling.
12 Section 203. Annulment of void and voidable marriages.
13 Section 204. Annulment or invalidity of void marriages.
14 Section 205. Grounds for annulment of voidable marriages.
15 Section 206. Proceedings to determine marital status.
16 Section 207. Defenses.
1 Section 208. Jurisdiction where defendant is insane or
2 suffering from serious mental disorder.
3 Chapter 3. Procedure
4 Section 301. Jurisdiction.
5 Section 302. Residence and domicile of parties.
6 Section 303. General appearance and collusion.
7 Section 304. Hearing by master.
8 Section 305. Jury trial.
9 Chapter 4. Decree of Court; Property Rights and Costs
10 Section 401. Decree of court.
11 Section 402. Disposition of realty and personalty after
12 termination of marriage.
13 Section 403. Injunction against disposition of property
14 pending suit and decree rendering fraudulent
15 transfers null and void.
16 Section 404. Costs.
17 Chapter 5. Alimony and Support
18 Section 501. Alimony.
19 Section 502. Alimony pendente lite, counsel fees and
20 expenses.
21 Section 503. Enforcement of arrearages.
22 Section 504. Payment of support, alimony and alimony
23 pendente lite.
24 Section 505. Alimony where a foreign ex parte divorce or
25 annulment.
26 Section 506. Enforcement of foreign decrees.
27 Chapter 6. Appeals and Attacks upon Decrees
28 Section 601. Limitations on attacks upon decrees.
29 Section 602. Opening or vacating divorce decrees.
30 Section 603. Plaintiff a competent witness.
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1 Section 604. Rules of court.
2 Section 605. Res judicata and estoppel.
3 Chapter 7. Miscellaneous Provisions
4 Section 701. Marriage upon false rumor of spouse's death.
5 Section 702. Resumption of prior name.
6 Section 703. Privileged communications.
7 Chapter 8. Repeals and Effective Date
8 Section 801. Repeals.
9 Section 802. Effective date.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 CHAPTER 1
13 PRELIMINARY PROVISIONS
14 Section 101. Short title.
15 This act shall be known and may be cited as the "Divorce
16 Code."
17 Section 102. Legislative findings and intent.
18 (a) The family is the basic unit in society and the
19 protection and preservation of the family is of paramount public
20 concern. Therefore, it is hereby declared to be the policy of
21 the Commonwealth of Pennsylvania to:
22 (1) Make the law for legal dissolution of marriage
23 effective for dealing with the realities of matrimonial
24 experience.
25 (2) Encourage and effect reconciliation and settlement
26 of differences between spouses, especially where children are
27 involved.
28 (3) Give primary consideration to the welfare of the
29 family rather than the vindication of private rights or the
30 punishment of matrimonial wrongs.
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1 (4) Mitigate the harm to the spouses and their children
2 caused by the process of legal dissolution of the marriage.
3 (5) Seek causes rather than symptoms of family
4 disintegration and cooperate with and utilize the services of
5 resources which are available to deal with family problems.
6 (6) Effectuate economic justice between parties who are
7 divorced or separated and grant or withhold alimony according
8 to the actual need and ability to pay of the parties and
9 insure a fair and just determination and settlement of their
10 property rights.
11 (b) The objectives set forth in subsection (a) shall be
12 considered in construing provisions of this act and shall be
13 regarded as expressing the legislative intent.
14 Section 103. Construction.
15 The provisions of this act, so far as they are the same as
16 those of existing laws, are intended as a continuation of such
17 laws and not as new enactments. The provisions of this act shall
18 apply to all cases, whether the cause for divorce or annulment
19 arose prior or subsequent to enactment of this act. The
20 provisions of this act shall not affect any suit or action
21 pending, but the same may be proceeded with and concluded either
22 under the laws in existence when such suit or action was
23 instituted, notwithstanding the repeal of such laws by this act,
24 or, upon application granted, under the provisions of this act.
25 THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO ANY CASE IN WHICH <--
26 A DECREE HAS BEEN RENDERED PRIOR TO THE EFFECTIVE DATE OF THE
27 ACT.
28 Section 104. Definitions.
29 The following words and phrases when used in this act shall
30 have the meaning given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Act." The Divorce Code.
3 "Alimony." An order for support granted by this or any other
4 state to a spouse or former spouse in conjunction with a divorce
5 or annulment.
6 "Alimony pendente lite." An order for temporary support
7 granted to a spouse during the pendency of a divorce or
8 annulment proceeding.
9 "Court." The court of common pleas.
10 "Divorce." Divorce from the bonds of matrimony.
11 "Grounds for divorce." The grounds enumerated in section
12 201.
13 "Law." Includes both statutory and common law.
14 "Qualified professionals." Includes marriage counselors,
15 psychologists, psychiatrists, social workers, ministers,
16 priests, or rabbis, or other persons who, by virtue of their
17 training and experience, are able to provide counseling.
18 CHAPTER 2
19 DISSOLUTION OF MARITAL STATUS
20 Section 201. Grounds for divorce.
21 (a) It shall be lawful for the court to grant a divorce to
22 the innocent and injured spouse whenever it shall be judged that
23 the other spouse shall have:
24 (1) Committed willful and malicious desertion, and
25 absence from the habitation of the injured and innocent
26 spouse, without a reasonable cause, for the period of one or
27 more years.
28 (2) Committed adultery.
29 (3) By cruel and barbarous treatment, endangered the
30 life or health of the injured and innocent spouse.
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1 (4) Knowingly entered into a bigamous marriage while a
2 former marriage still is subsisting.
3 (5) Been sentenced to imprisonment for a term of two or
4 more years upon conviction of having committed a felony or
5 attempted felony or upon a plea of guilty or nolo contendere
6 thereto.
7 (6) Offered such indignities to the innocent and injured
8 spouse as to render his or her condition intolerable and life
9 burdensome.
10 (b) It shall be lawful for the court to grant a divorce upon
11 the ground that insanity or serious mental disorder has resulted
12 in confinement in a mental institution for at least three years
13 immediately before the filing of the complaint, and where there
14 is no reasonable prospect of the defendant spouse's being
15 discharged from inpatient care during the next three years
16 subsequent to the filing of the complaint. A presumption that no
17 such prospect of discharge exists shall be established by a
18 certificate of the superintendent of such institution to that
19 effect and which includes a supporting statement of a treating
20 physician.
21 (c) It shall also be lawful for the court to grant a divorce
22 where a complaint has been filed specifying that the spouses are
23 living separate and apart because of estrangement due to marital
24 difficulties and:
25 (1) where an affidavit is filed by each of the parties
26 evidencing that each of the parties consents to the divorce
27 and there has been testimony from a witness, other than a
28 party to the complaint, that they have lived separate and
29 apart for a period of at least three consecutive months
30 immediately prior to the granting of the decree in divorce;
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1 or
2 (2) when 12 months elapses from the date of the filing <--
3 SERVICE of the complaint and an affidavit has been filed <--
4 evidencing consent by only one of the parties and there has
5 been testimony from a witness, other than the parties,
6 corroborating that the parties have lived separate and apart
7 for 12 consecutive months.
8 Section 202. Counseling.
9 (a) Whenever section 201(c)(2) is the ground for divorce,
10 the court may SHALL require UP TO a maximum of three counseling <--
11 sessions within THE FIRST 90 DAYS OF the 12-month separation <--
12 period where either of the parties requests it or MAY REQUIRE <--
13 SUCH COUNSELING where the couple has at least one child under 15
14 years of age. Such requirement shall not delay the date of the <--
15 decree in divorce.
16 (b) Whenever section 201(c)(1) or (2) is the ground for
17 divorce, the court shall make available to both parties a list
18 of qualified professionals who provide counseling services.
19 (c) The choice of a qualified professional shall be at the
20 option of the parties and such professional need not be selected
21 from the list provided by the court.
22 (d) Where the court requires counseling, a report shall be
23 made by the qualified professional stating that the parties did
24 or did not attend.
25 Section 203. Annulment of void and voidable marriages.
26 In all cases where a supposed or alleged marriage shall have
27 been contracted which is void or voidable under this act or
28 under applicable law, either party to such supposed or alleged
29 marriage may bring an action in annulment to have it declared
30 null and void in accordance with the procedures provided for
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1 under this act and the Rules of Civil Procedure.
2 Section 204. Annulment or invalidity of void marriages.
3 (a) Where there has been no confirmation by cohabitation
4 following the removal of an impediment, the supposed or alleged
5 marriage of any person shall be deemed void in the following
6 cases:
7 (1) Where either party at the time of such marriage had
8 an existing spouse and the former marriage had not been
9 annulled nor had there been a divorce, except where such
10 person had obtained a decree of presumed death of the former
11 spouse.
12 (2) Where the parties to such marriage are related
13 within the prohibited degrees of consanguinity, which degrees
14 are as follows:
15 A man may not marry his mother.
16 A man may not marry his father's sister.
17 A man may not marry his mother's sister.
18 A man may not marry his sister.
19 A man may not marry his daughter.
20 A man may not marry the daughter of his son or
21 daughter.
22 A woman may not marry her father.
23 A woman may not marry her father's brother.
24 A woman may not marry her mother's brother.
25 A woman may not marry her brother.
26 A woman may not marry her son.
27 A woman may not marry the son of her son or daughter.
28 (3) Where either party to such marriage was incapable of
29 consenting by reason of insanity or serious mental disorder,
30 or otherwise lacked capacity to consent or did not intend to
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1 assent to such marriage relationship.
2 (b) In all such cases of marriages which are void, the
3 marriage may be annulled as set forth in section 203, or its
4 invalidity may be declared in any collateral proceeding.
5 Section 205. Grounds for annulment of voidable marriages.
6 (a) The marriage of any person shall be deemed voidable and
7 subject to annulment in the following cases:
8 (1) Where either party to such marriage was under 16
9 years of age, unless such marriage was expressly authorized
10 by a judge of the court.
11 (2) Where either party was 16 or 17 years of age and
12 lacked the consent of parent or guardian or express
13 authorization of the court and has not subsequently ratified
14 such marriage upon reaching the age of 18 and such proceeding
15 for annulment is commenced within 60 days after the marriage
16 ceremony.
17 (3) Where either party to such marriage was under the
18 influence of intoxicating liquor or drugs and a proceeding
19 for annulment has been filed within 60 days after the
20 marriage ceremony.
21 (4) Where either party to such marriage still is and was
22 naturally and incurably impotent at the time of such
23 marriage, unless the condition was known to the other party
24 prior to the marriage.
25 (5) Where one party was induced to enter into such
26 marriage due to the fraud, duress, coercion, or force
27 attributable to the other party, and there has been no
28 subsequent voluntary cohabitation after knowledge of such
29 fraud or release from the effects of fraud, duress, coercion,
30 or forces.
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1 (b) In all such cases of marriages which are voidable,
2 either party thereto may seek and obtain an annulment of such
3 marriage, but unless and until such decree is obtained from a
4 court of competent jurisdiction, such marriage shall be valid
5 and subsisting. The validity of such a voidable marriage shall
6 not be subject to attack or question by any person if it is
7 subsequently confirmed by the parties thereto or if either party
8 has died.
9 Section 206. Proceedings to determine marital status.
10 When the validity of any marriage shall be denied or doubted,
11 either or both of the parties to the marriage may bring an
12 action for a declaratory judgment seeking a declaration of the
13 validity or invalidity of the marriage, and, upon due proof of
14 the validity or invalidity thereof, it shall be declared valid
15 or invalid by decree of such court, and, unless reversed upon
16 appeal, such declaration shall be conclusive upon all persons
17 concerned.
18 Section 207. Defenses.
19 (a) Existing common law defenses are retained as to the
20 grounds enumerated in section 201(a) and (b). The defenses of
21 condonation, connivance, collusion; recrimination and
22 provocation are abolished as to the grounds enumerated in
23 section 201(c).
24 (b) In any action or suit for divorce for the cause of
25 adultery, if the defendant shall allege and prove, or it shall
26 appear in the evidence, that the plaintiff has been guilty of
27 the like offense, or has admitted the defendant into conjugal
28 society or embraces after he or she knew of the fact, or that
29 the said plaintiff allowed the defendant's prostitution, or
30 received hire from it, or exposed the defendant to lewd company
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1 whereby he or she became insnared to the offense after said, it
2 shall be a good defense and a perpetual bar against the same.
3 Section 208. Jurisdiction where defendant is insane or suffering
4 from serious mental disorder.
5 In cases where a spouse is insane or suffering from serious
6 mental disorder the court shall have jurisdiction to receive a
7 complaint for divorce in which such person is made the defendant
8 upon any ground set forth in section 201, and for annulment.
9 CHAPTER 3
10 PROCEDURE
11 Section 301. Jurisdiction.
12 (a) The courts of this Commonwealth as defined in section
13 104 shall have original jurisdiction of cases of divorce and for
14 the annulment of void or voidable marriages and, where they have
15 jurisdiction, shall determine in the divorce action or in one
16 separate action in the following matters, where raised in the
17 complaint or the answer and issue appropriate decrees or orders
18 with reference thereto and may retain continuing jurisdiction
19 thereof:
20 (1) The determination and disposition of property rights
21 and interests between spouses, including any rights created
22 by any antenuptial, postnuptial, or separation agreement and
23 including the partition of property held as tenants by the
24 entireties or otherwise and any accounting between them, and
25 the order of any alimony, alimony pendente lite, counsel
26 fees, or costs authorized by law.
27 (2) The future care, custody and visitation rights as to
28 children of such marriage or purported marriage.
29 (3) Any support or assistance which shall be paid for
30 the benefit of any children of such marriage or purported
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1 marriage.
2 (4) The approval of any property settlement, involving
3 any of the matters set forth in paragraphs (1), (2) and (3)
4 as submitted by the parties.
5 (5) Any other matters pertaining to such marriage and
6 divorce or annulment authorized by law and which fairly and
7 expeditiously may be determined and disposed of in such
8 action.
9 (b) The said courts having power to grant divorces shall
10 have authority to do so notwithstanding the fact that the
11 marriage of the parties and the cause for divorce occurred
12 outside of this Commonwealth and that both parties were at the
13 time of such occurrence, domiciled without this Commonwealth.
14 Said courts shall also have power to annul void or voidable
15 marriages notwithstanding the fact such were celebrated without
16 this Commonwealth at a time when neither party was domiciled
17 within this Commonwealth.
18 Section 302. Residence and domicile of parties.
19 No spouse shall be entitled to commence proceeding for
20 divorce or annulment by virtue of this act, unless at least one
21 of the parties has been a bona fide resident in this
22 Commonwealth for at least six months immediately previous to the
23 filing of the complaint. Both parties shall be competent
24 witnesses to prove his or her residence and proof of actual
25 residence within the Commonwealth for six months shall create a
26 presumption of domicile within the Commonwealth.
27 Section 303. General appearance and collusion.
28 The entry of a general appearance by, or in behalf of, a
29 defendant shall not be deemed collusion. Collusion shall be
30 found to exist only where the parties conspired to fabricate
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1 grounds for divorce or annulment, agreed to and did commit
2 perjury, or perpetrated fraud on the court. Negotiation and
3 discussion of terms of property settlement and other matters
4 arising by reason of contemplated divorce or annulment shall not
5 be deemed to constitute collusion.
6 Section 304. Hearing by master.
7 A master may be appointed by the court to hear testimony on
8 all or some issues, except issues of custody, paternity and <--
9 child support , CHILD AND SPOUSAL SUPPORT, PROPERTY DISTRIBUTION <--
10 AND ALIMONY, and return the record and a transcript of the
11 testimony together with his report and recommendation as
12 provided by the Rules of Civil Procedure, or a judge of the
13 court in chambers may appoint a master to take testimony and
14 return the same to the court.
15 Section 305. Jury trial.
16 (a) After service of the complaint in divorce or annulment
17 on the defendant in the manner provided by the Rules of Civil
18 Procedure, or entry of a general appearance for the defendant,
19 if either of the parties shall desire any matter of fact that is
20 affirmed by one and denied by the other to be tried by a jury,
21 he or she may take a rule upon the opposite party, to be allowed
22 by a judge of the court, to show cause why the issues of fact
23 set forth in such rule shall not be tried by a jury, which rule
24 shall be served upon the opposite party or his or her counsel.
25 (b) Upon the return of such rule, after hearing, the court
26 may discharge it, or make it absolute, or frame issues itself,
27 and only the issues so ordered by the court shall be tried
28 accordingly, but such rule shall not be made absolute when, in
29 the opinion of the court, a trial by jury cannot be had without
30 prejudice to the public morals.
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1 CHAPTER 4
2 DECREE OF COURT; PROPERTY RIGHTS AND COSTS
3 Section 401. Decree of court.
4 (a) In all matrimonial causes, the court having jurisdiction
5 may either dismiss the complaint or enter a decree of divorce or
6 annulment of the marriage.
7 (b) Any decree granting a divorce or an annulment, shall
8 include after a full hearing, WHERE THESE MATTERS ARE RAISED IN <--
9 THE COMPLAINT, THE ANSWER OR OTHER PETITION, an order or orders
10 determining and disposing of existing property rights and
11 interests between the parties, custody and visitation rights,
12 child support, alimony and any other related matters including
13 the enforcement of separation agreements voluntarily entered
14 into between the parties. In the enforcement of the rights of
15 any party to any such matters, the court shall have all
16 necessary powers, including but not limited to, the power of
17 contempt and the power to attach wages. In the event that the
18 court is unable for any reason to determine and dispose of the
19 matters provided for in this subsection within 30 days after the
20 master's report has been filed, it may enter a decree of divorce
21 or annulment provided that it retains jurisdiction for the <--
22 purpose of subsequently determining and disposing of the matters
23 provided for in this subsection as soon as possible. . THE COURT <--
24 MAY ORDER ALIMONY, REASONABLE COUNSEL FEES AND EXPENSES PENDING
25 FINAL DISPOSITION OF THE MATTERS PROVIDED FOR IN THIS
26 SUBSECTION.
27 (c) In all matrimonial causes, the court shall have full
28 equity power and jurisdiction and may issue injunctions or other
29 orders which are necessary to protect the interests of the
30 parties or to effectuate the purposes of this act, and may grant
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1 such other relief or remedy as equity and justice require
2 against either party or against any third person over whom the
3 court has jurisdiction and who is involved in or concerned with
4 the disposition of the cause.
5 (d) In a proceeding for divorce or annulment, the court
6 shall, upon request of either party, equitably divide,
7 distribute or assign the marital property between the parties
8 without regard to marital misconduct in such proportions as the
9 court deems just after considering all relevant factors
10 including:
11 (1) The length of the marriage.
12 (2) Any prior marriage of either party.
13 (3) The age, health, station, amount and sources of
14 income, vocational skills, employability, estate, liabilities
15 and needs of each of the parties.
16 (4) The contribution by one party to the education,
17 training, or increased earning power of the other party.
18 (5) The opportunity of each party for future
19 acquisitions of capital assets and income.
20 (6) The contribution or dissipation of each party in the
21 acquisition, preservation, depreciation or appreciation of
22 the marital property, including the contribution of a party
23 as homemaker.
24 (7) The value of the property set apart to each party.
25 (8) The standard of living of the parties established
26 during the marriage.
27 (9) The economic circumstances of each party at the time
28 the division of property is to become effective, including
29 the desirability of awarding the family home or the right to
30 live therein for reasonable periods to the party with whom
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1 any children of the marriage will live.
2 (10) The debts of the parties.
3 (e) For purposes of this chapter only, "marital property"
4 means all property acquired by either party subsequent to the
5 marriage except:
6 (1) Property acquired in exchange for property acquired
7 prior to the marriage except for the increase in value during
8 the marriage.
9 (2) Property excluded by valid agreement of the parties
10 entered into before or after the marriage.
11 (3) Property acquired by gift, bequest, devise or
12 descent except for the increase in value during the marriage.
13 (4) Property acquired after separation until the date of
14 divorce, provided however, if the parties separate and
15 reconcile, all property acquired subsequent to the final
16 separation until their divorce.
17 (f) All property, whether real or personal, acquired by
18 either party subsequent to the marriage is presumed to be
19 marital property regardless of whether title is held
20 individually or by the parties in some form of co-ownership such
21 as joint tenancy, tenancy in common or tenancy by the entirety.
22 The presumption of marital property is overcome by a showing
23 that the property was acquired by a method listed in subsection
24 (e).
25 (g) The court may also impose a lien or charge upon the
26 marital property assigned to a party as security for the payment
27 of alimony or other award for the other party.
28 (h) The court may also direct the continued maintenance and
29 beneficiary designations of existing policies insuring the life
30 of either party. The court's power under this subsection shall
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1 extend only to policies originally purchased during the marriage
2 and owned by or within the effective control of either party.
3 (i) Whenever a decree or judgment is granted which nullifies
4 or absolutely terminates the bonds of matrimony, any and all
5 property rights which are dependent upon such marital relation,
6 save those which are vested rights, are terminated unless the
7 court otherwise expressly provides in its decree in accordance
8 with subsection (b). All duties, rights, and claims accruing to
9 either of said parties at any time heretofore in pursuance of
10 the said marriage, shall cease and the parties shall, severally,
11 be at liberty to marry again in like manner as if they had never
12 been married, except where otherwise provided by law.
13 Section 402. Disposition of realty and personalty after
14 termination of marriage.
15 Unless otherwise provided by the court, whenever a decree of
16 annulment or divorce is decreed by a court of competent
17 jurisdiction, both parties whose marriage is so terminated or
18 affected, shall have complete freedom of disposition as to their
19 separate property and may mortgage, sell, grant, convey, or
20 otherwise encumber or dispose of such realty or personalty,
21 whether such separate property was acquired before, during, or
22 after coverture, and neither need join in, consent to, or
23 acknowledge any deed, mortgage, or instrument of the other.
24 Section 403. Injunction against disposition of property
25 pending suit and decree rendering fraudulent
26 transfers null and void.
27 (a) Where it appears to the court that a party is about to
28 remove himself or his property from the jurisdiction of the
29 court or is about to dispose of, alienate, or encumber property
30 in order to defeat alimony pendente lite, alimony, child
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1 support, or similar award, an injunction may issue to prevent
2 such removal or disposition and such property may be attached as
3 provided by the Rules of Civil Procedure. The court may also
4 issue a writ of ne exeat to preclude such removal.
5 (b) Both parties shall submit to the court an inventory and
6 appraisement of all property owned or possessed at the time
7 action was commenced.
8 (c) If any party deliberately or negligently fails to
9 disclose information required by subsection (b) and in
10 consequence thereof any asset or assets with a fair market value
11 of $500 or more is omitted from the final distribution of
12 property, the party aggrieved by such nondisclosure may at any
13 time petition the court granting the annulment, divorce or legal
14 separation to declare the creation of a constructive trust as to
15 all undisclosed assets, for the benefit of the parties and their
16 minor or dependent children, if any, with the party in whose
17 name the assets are held declared the constructive trustee, said
18 trust to include such terms and conditions as the court may
19 determine. The court shall grant the petition upon a finding of
20 a failure to disclose such assets as required under subsection
21 (b).
22 (d) Any encumbrance or disposition of property to third
23 persons who had notice of the pendency of the matrimonial action
24 or who paid wholly inadequate consideration for such property
25 may be deemed fraudulent and declared null and void.
26 Section 404. Costs.
27 The court may award costs to the party in whose favor the
28 order or decree shall be entered, or may order that each party
29 shall pay his or her own costs, as to it shall appear just and
30 reasonable.
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1 CHAPTER 5
2 ALIMONY AND SUPPORT
3 Section 501. Alimony.
4 (a) The court may allow alimony, as it deems reasonable, to
5 either party, only if it finds that the party seeking alimony:
6 (1) lacks sufficient property, including but not limited
7 to any property distributed pursuant to Chapter 4, to provide
8 for his or her reasonable needs; and
9 (2) is unable to support himself or herself through
10 appropriate employment.
11 (b) In determining whether alimony is necessary, and in
12 determining the nature, amount, and manner of payment of
13 alimony, the court shall consider all relevant factors, without
14 regard to marital misconduct, including:
15 (1) The relative earnings and earning capacities of the
16 parties.
17 (2) The ages, and the physical, mental and emotional
18 conditions of the parties.
19 (3) The retirement or other benefits of the parties.
20 (4) The expectancies and inheritances of the parties.
21 (5) The duration of the marriage.
22 (6) THE CONTRIBUTION BY ONE PARTY TO THE EDUCATION, <--
23 TRAINING OR INCREASED EARNING POWER OF THE PARTY.
24 (6) (7) The extent to which it would be inappropriate <--
25 for a party, because said party will be custodian of a minor
26 child, to seek employment outside the home.
27 (7) (8) The standard of living of the parties <--
28 established during the marriage.
29 (8) (9) The relative education of the parties and the <--
30 time necessary to acquire sufficient education or training to
19790H0640B1571 - 19 -
1 enable the party seeking alimony to find appropriate
2 employment.
3 (9) (10) The relative assets and liabilities of the <--
4 parties.
5 (10) (11) The property brought to the marriage by either <--
6 party.
7 (11) (12) The contribution of a spouse as homemaker. <--
8 (12) (13) The relative needs of the parties. <--
9 (c) Any order entered pursuant to this section is subject to
10 further order of the court upon changed circumstances of either
11 party of a substantial and continuing nature whereupon such
12 order may be modified, suspended, terminated, reinstituted, or a
13 new order made. Any such further order shall apply only to
14 payment accruing subsequent to the petition for the requested
15 relief. REMARRIAGE OF THE PARTY RECEIVING ALIMONY SHALL <--
16 TERMINATE THE AWARD OF ALIMONY.
17 Section 502. Alimony pendente lite, counsel fees and expenses.
18 The court may, upon petition, in proper cases, allow a spouse
19 reasonable alimony pendente lite and reasonable counsel fees and
20 expenses.
21 Section 503. Enforcement of arrearages.
22 If at any time a party is in arrears in the payment of
23 alimony, alimony pendente lite or counsel fees and expenses, as
24 provided for in sections 501 and 502, after hearing, the court
25 may, in order to effect payment of the arrearages:
26 (1) Enter judgment.
27 (2) Authorize the taking and seizure of the goods and
28 chattels and collection of the rents and profits of the real
29 estate of the other party. <--
30 (3) Attach no more than 50% of the wages of the other <--
19790H0640B1571 - 20 -
1 party.
2 (4) Issue attachment proceedings, directed to the
3 sheriff or other proper officer of the county, directing that
4 the person named as having failed to comply with the court
5 order be brought before the court at such time as the court
6 may direct. If the court finds, after hearing, that the said
7 person willfully failed to comply with the court order, it
8 may deem said person in civil contempt of court and in its
9 discretion make an appropriate order including, but not
10 limited to, commitment of said person to the county jail for
11 a period not to exceed six months.
12 Section 504. Payment of support, alimony and alimony pendente
13 lite.
14 When so ordered by the court, all payments of child AND <--
15 SPOUSAL support, alimony or alimony pendente lite, shall be made
16 to the domestic relations section of the court which issued the
17 order or such section of the court at the residence of the party
18 entitled to receive such an award. The domestic relations
19 section shall keep an accurate record of all such payments and
20 shall notify the court immediately whenever any person subject
21 to a payment order is 30 days in arrears in such payment so that
22 appropriate action may be taken to enforce the order of the
23 court. It shall be the duty of the domestic relations section to
24 distribute such payments to the person entitled thereto as soon
25 as possible after receipt.
26 Section 505. Alimony where a foreign ex parte divorce or
27 annulment.
28 Whenever a person who was a resident of this Commonwealth at
29 the time such person was a defendant or respondent in a foreign
30 ex parte action for annulment or divorce petitions a court of
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1 this Commonwealth for alimony and establishes the need therefor,
2 such court, if it has jurisdiction over the person or property
3 of the other party, may order that such alimony be paid in the
4 same manner and under the same conditions and limitations which
5 pertain when alimony is sought as provided in this chapter. In
6 the event that the other party from whom such alimony is sought
7 cannot be located within this Commonwealth, the court may attach
8 such of the tangible or intangible property of said party as is
9 within the jurisdiction of the court in the manner provided by
10 the Rules of Civil Procedure, except that no exemption shall
11 apply. Such property shall thereupon be subject to the payment
12 of alimony in the same manner as provided by law in actions for
13 nonsupport.
14 Section 506. Enforcement of foreign decrees.
15 Whenever a person subject to a valid decree of a sister state
16 or territory for the payment of alimony, temporary alimony, or
17 alimony pendent lite, or his or her property is found within
18 this Commonwealth, the obligee of such a decree may petition the
19 court, where the obligor or his or her property is found, to
20 register, adopt as its own, and to enforce the said decree as a
21 duly issued and authenticated decree of a sister state or
22 territory. Upon registration and adoption, such relief and
23 process for enforcement as is provided for at law, in equity, or
24 by court rule, in similar cases originally commenced in this
25 Commonwealth, shall be available, and a copy of the decree and
26 order shall be forwarded to the court of the state or territory
27 which issued the original decree. The obligor, in such actions
28 to register, adopt, and enforce, shall have such defenses and
29 relief as are available to him in the state or territory which
30 issued the original decree and may question the jurisdiction of
19790H0640B1571 - 22 -
1 that court if not otherwise barred. Interest may be awarded on
2 unpaid installments and security may be required to insure
3 future payments as in such cases originally commenced in this
4 Commonwealth. Where property of the obligor, but not his person,
5 is found within this Commonwealth, there shall be jurisdiction
6 quasi in rem and, upon registration and adoption of the decree
7 of the sister state or territory, such relief and enforcement of
8 the decree shall be available as in other proceedings which are
9 quasi in rem.
10 CHAPTER 6
11 APPEALS AND ATTACKS UPON DECREES
12 Section 601. Limitations on attacks upon decrees.
13 The validity of any decree of divorce or annulment issued by
14 a court shall not be questioned, except by appeal, in any court
15 or place in this Commonwealth after the death of either party to
16 such proceeding and if it is shown that a party who subsequently
17 attempts to question the validity of such a decree had full
18 knowledge of the facts and circumstances later complained of, at
19 the time of issuance of said decree, or failed to take any
20 action, despite such knowledge, within two years after the date
21 of such decree, said party shall be barred from questioning such
22 decree and it shall be deemed valid in all courts and places
23 within this Commonwealth.
24 Section 602. Opening or vacating divorce decrees.
25 A motion to open a decree of divorce or annulment may be made
26 only within 30 days after entry of the decree and not
27 thereafter. Such motion may lie where it is alleged that the
28 decree was procured by intrinsic fraud or that there is new
29 evidence relating to the cause of action which will sustain the
30 attack upon its validity. A motion to vacate a decree or strike
19790H0640B1571 - 23 -
1 a judgment alleged to be void because of extrinsic fraud, lack
2 of jurisdiction over the subject matter or because of a fatal
3 defect apparent upon the face of the record, must be made within
4 five years after entry of the final decree. Intrinsic fraud is
5 such as relates to a matter adjudicated by the judgment,
6 including perjury and false testimony, whereas extrinsic fraud
7 relates to matters collateral to the judgment which have the
8 consequence of precluding a fair hearing or presentation of one
9 side of the case.
10 Section 603. Plaintiff a competent witness.
11 In all proceedings for divorce, the plaintiff shall be fully
12 competent to prove all the facts, as long as the defendant has
13 been served as provided by the Rules of Civil Procedure.
14 Section 604. Rules of court.
15 The several courts are THE COURT IS hereby authorized to make <--
16 and adopt such rules and practices as may be necessary to carry
17 this act into effect which are not inconsistent with the Rules
18 of Civil Procedure, and to regulate proceedings before masters,
19 and to fix their fees.
20 Section 605. Res judicata and estoppel.
21 The validity of any divorce or annulment decree granted by a
22 court having jurisdiction over the subject matter may not be
23 questioned by any party who was subject to the personal
24 jurisdiction of such court except by such direct appeal as is
25 provided by law. A party who sought and obtained such decree,
26 financed or agreed to its procurement, or accepted a property
27 settlement, alimony pendente lite or alimony pursuant to the
28 terms of such decree, or who remarries after such decree, or is
29 guilty of laches, is barred from making a collateral attack upon
30 the validity of such decree unless by clear and convincing
19790H0640B1571 - 24 -
1 evidence it is established that fraud by the other party
2 prevented him from making a timely appeal from such divorce or
3 annulment decree.
4 CHAPTER 7
5 MISCELLANEOUS PROVISIONS
6 Section 701. Marriage upon false rumor of spouse's death.
7 (a) The remarriage of a spouse who has obtained a license to
8 marry and a decree of presumed death of the former spouse shall
9 be valid for all intents and purposes as though the former
10 marriage had been terminated by divorce, and any and all
11 property of the presumed decedent shall be administered and
12 disposed of as provided by Title 20 of the Pennsylvania
13 Consolidated Statutes (relating to decedents, estates and
14 fiduciaries).
15 (b) Where a remarriage has occurred upon false rumor of the
16 death of a former spouse, in appearance well founded, but there
17 has been no decree of presumed death, the remarriage shall be
18 deemed void and subject to annulment by either party to such
19 remarriage as provided by section 204 and the returning spouse
20 shall have cause for divorce as provided in section 201.
21 (c) Where the remarriage was entered into in good faith,
22 neither party to such remarriage shall be subject to criminal
23 prosecution therefore.
24 (d) If the former spouse dies or procures a divorce the
25 parties to the remarriage shall be deemed to be lawfully married
26 from the date of such death or decree.
27 Section 702. Resumption of prior name.
28 It shall be lawful for any person who has heretofore been or
29 shall hereafter be divorced, or whose marriage is annulled, to
30 retake and thereafter use his or her prior name. Every such
19790H0640B1571 - 25 -
1 person who elects to resume his or her prior name shall file a
2 written notice avowing such intention in the office of the
3 prothonotary of the court in which such decree of divorce or
4 annulment was entered, showing the caption and number and term
5 of the proceeding in divorce or annulment, and duly acknowledged
6 before a notary public. Where a person has a decree of divorce
7 or annulment granted to him or her, or his or her spouse, in a
8 foreign jurisdiction, a certified copy of such foreign divorce
9 or annulment decree shall be filed with the prothonotary where
10 the affiant resides, and thereafter such person desiring to
11 resume his or her prior name may file a written notice so to do
12 by making full reference therein to the filing of the foreign
13 divorce or annulment decree with the prothonotary of the county
14 where the affiant resides. A copy of the written notice in
15 either case, so filed, duly certified by the prothonotary, shall
16 be competent evidence for all purposes of right and duty of such
17 person to use such prior name thereafter.
18 Section 703. Privileged communications.
19 Communications of a confidential character made by a spouse
20 to an attorney, a marriage counselor, psychiatrist, clergyman, <--
21 or other such confidant, OR A QUALIFIED PROFESSIONAL, shall be <--
22 privileged and inadmissible in evidence in any cause unless the
23 party concerned waives such immunity.
24 CHAPTER 8
25 REPEALS AND EFFECTIVE DATE
26 Section 801. Repeals.
27 (a) The following acts and parts of acts and all amendments
28 thereto are repealed to the extent specified:
29 Sections V and VIII , VI AND IX, act of March 13, 1815 <--
30 (P.L.150, Ch. CIX), entitled "An act concerning divorces,"
19790H0640B1571 - 26 -
1 insofar as supplied by this act.
2 The act of May 2, 1929 (P.L.1237, No.320), known as "The
3 Divorce Law," absolutely.
4 The act of May 25, 1939 (P.L.192, No.100), entitled "An
5 act authorizing women who have been divorced from the bonds
6 of matrimony to retake and use their maiden names; and making
7 certified copies of their election evidence in all cases,"
8 absolutely.
9 CLAUSE (H) OF SECTION 5, ACT OF AUGUST 22, 1953 <--
10 (P.L.1344, NO.383), KNOWN AS "THE MARRIAGE LAW."
11 (b) All other acts and parts of acts, general, local and
12 special, are repealed insofar as they are inconsistent herewith.
13 Section 802. Effective date.
14 This act shall take effect in 90 days.
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