PRIOR PRINTER'S NO. 417
PRINTER'S NO. 2406
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
380
Session of
2015
INTRODUCED BY TOOHIL, PICKETT, COHEN, REGAN, KINSEY, MILLARD,
D. COSTA, CUTLER, STEPHENS, MACKENZIE, DAVIS, FREEMAN,
GERGELY, SCHLOSSBERG, VITALI, MARSHALL, GRELL, MULLERY,
A. HARRIS, M. DALEY, DeLUCA, NESBIT, KORTZ, DEAN, KAMPF,
WATSON, BRIGGS, KNOWLES, SIMS, DAWKINS, ENGLISH, TAYLOR,
McCARTER, MOUL, ROZZI AND GINGRICH, FEBRUARY 9, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 20, 2015
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in dissolution of marital status,
further providing for grounds for divorce.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3301(d) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
SECTION 1. SECTIONS 3301(D) AND 3323(G)(3) OF TITLE 23 OF
THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
§ 3301. Grounds for 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
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
years] one year 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] one year 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.
* * *
§ 3323. DECREE OF COURT.
* * *
(G) GROUNDS ESTABLISHED.--FOR PURPOSES OF SUBSECTIONS (C.1)
AND (D.1), GROUNDS ARE ESTABLISHED AS FOLLOWS:
* * *
(3) IN THE CASE OF AN ACTION FOR DIVORCE UNDER SECTION
20150HB0380PN2406 - 2 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3301(D), AN AFFIDAVIT HAS BEEN FILED AND NO COUNTER-AFFIDAVIT
HAS BEEN FILED OR, IF A COUNTER-AFFIDAVIT HAS BEEN FILED
DENYING THE AFFIDAVIT'S AVERMENTS, THE COURT DETERMINES THAT
THE MARRIAGE IS IRRETRIEVABLY BROKEN AND THE PARTIES HAVE
LIVED SEPARATE AND APART FOR AT LEAST [TWO YEARS] ONE YEAR AT
THE TIME OF THE FILING OF THE AFFIDAVIT.
Section 2. The amendment of 23 Pa.C.S. § 3301(d) §§ 3301(D)
AND 3323(G)(3) shall apply to periods of living separate and
apart that commence after the effective date of this section.
Section 3. This act shall take effect in 60 days.
20150HB0380PN2406 - 3 -
<--
1
2
3
4
5
6
7
8
9
10