Regular Session 2023-2024 House Bill 1120 P.N. 1175

PRINTER'S NO. 1175

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1120

Session of

2023

INTRODUCED BY HOWARD, RABB, MADDEN, HILL-EVANS, BURGOS, PROBST,

SANCHEZ, CERRATO, FLICK, McNEILL, SHUSTERMAN AND OTTEN,

MAY 5, 2023

REFERRED TO COMMITTEE ON JUDICIARY, MAY 5, 2023

AN ACT

Amending Titles 20 (Decedents, Estates and Fiduciaries) and 23

(Domestic Relations) of the Pennsylvania Consolidated

Statutes, in intestate succession, further providing for

forfeiture; in elective share of surviving spouse, further

providing for right of election and resident decedent; in

wills, further providing for modification by circumstances;

in estates, further providing for modification by divorce or

pending divorce and for effect of divorce or pending divorce

on designation of beneficiaries; in preliminary provisions,

further providing for legislative findings and intent, for

definitions and for premarital agreements; in dissolution of

marital status, further providing for grounds for divorce,

repealing provisions relating to counseling, further

providing for grounds for annulment of voidable marriages,

repealing provisions relating to defenses, to action where

defendant suffering from mental disorder and to general

appearance and collusion, providing for general order of

divorce proceedings, repealing provisions relating to jury

trial, further providing for decree of court and repealing

provisions relating to limitations on attacks upon decrees

and to opening or vacating decrees; in alimony and support,

further providing for bar to alimony; and, in mediation,

further providing for mediation programs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 2106(a)(2), 2203(c), 2507(2), 6111.1 and

6111.2(a) of Title 20 of the Pennsylvania Consolidated Statutes

are amended to read:

§ 2106. Forfeiture.

(a) Spouse's share.--

* * *

(2) A spouse shall have no right or interest under this

chapter in the real or personal estate of the other spouse

if:

(i) the other spouse dies domiciled in this

Commonwealth during the course of divorce proceedings;

and

(ii) no decree of divorce has been entered pursuant

to 23 Pa.C.S. § 3323 (relating to decree of court)[; and

(iii) grounds have been established as provided in

23 Pa.C.S. § 3323(g)].

* * *

§ 2203. Right of election; resident decedent.

* * *

(relating to decree of court), this section shall not apply in

the event a married person domiciled in this Commonwealth dies

during the course of divorce proceedings[,] and no decree of

divorce has been entered pursuant to 23 Pa.C.S. § 3323 [and

grounds have been established as provided in 23 Pa.C.S. §

3323(g)].

§ 2507. Modification by circumstances.

Wills shall be modified upon the occurrence of any of the

following circumstances, among others:

(2) Divorce or pending divorce.--Any provision in a

testator's will in favor of or relating to the testator's

spouse shall become ineffective for all purposes unless it

appears from the will that the provision was intended to

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survive a divorce, if the testator:

(i) is divorced from such spouse after making the

will; or

(ii) dies domiciled in this Commonwealth during the

course of divorce proceedings[,] and no decree of divorce

has been entered pursuant to 23 Pa.C.S. § 3323 (relating

to decree of court) [and grounds have been established as

provided in 23 Pa.C.S. § 3323(g)].

* * *

§ 6111.1. Modification by divorce or pending divorce.

Any provision in a conveyance which was revocable by a

conveyor at the time of the conveyor's death and which was to

take effect at or after the conveyor's death in favor of or

relating to the conveyor's spouse shall become ineffective for

all purposes unless it appears in the governing instrument that

the provision was intended to survive a divorce, if the

conveyor:

(1) is divorced from such spouse after making the

conveyance; or

(2) dies domiciled in this Commonwealth during the

course of divorce proceedings[,] and no decree of divorce has

been entered pursuant to 23 Pa.C.S. § 3323 (relating to

decree of court) [and grounds have been established as

provided in 23 Pa.C.S. § 3323(g)].

§ 6111.2. Effect of divorce or pending divorce on designation

of beneficiaries.

(a) Applicability.--This section is applicable if an

individual:

(1) is domiciled in this Commonwealth;

(2) designates the individual's spouse as beneficiary of

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the individual's life insurance policy, annuity contract,

pension or profit-sharing plan or other contractual

arrangement providing for payments to the spouse; and

(3) either:

(i) at the time of the individual's death is

divorced from the spouse; or

(ii) dies during the course of divorce

proceedings[,] and no decree of divorce has been entered

pursuant to 23 Pa.C.S. § 3323 (relating to decree of

court) [and grounds have been established as provided in

23 Pa.C.S. § 3323(g)].

* * *

Section 2. Section 3102(a) of Title 23 is amended and the

section is amended by adding a subsection to read:

§ 3102. Legislative findings and intent.

[(a) Policy.--The family is the basic unit in society and

the protection and preservation of the family is of paramount

public concern. Therefore, it is the policy of the Commonwealth

to:

(1) Make the law for legal dissolution of marriage

effective for dealing with the realities of matrimonial

experience.

(2) Encourage and effect reconciliation and settlement

of differences between spouses, especially where children are

involved.

(3) Give primary consideration to the welfare of the

family rather than the vindication of private rights or the

punishment of matrimonial wrongs.

(4) Mitigate the harm to the spouses and their children

caused by the legal dissolution of the marriage.

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(5) Seek causes rather than symptoms of family

disintegration and cooperate with and utilize the resources

available to deal with family problems.

(6) Effectuate economic justice between parties who are

divorced or separated and grant or withhold alimony according

to the actual need and ability to pay of the parties and

insure a fair and just determination and settlement of their

property rights.]

(a.1) Policy.--It is the policy of the Commonwealth to:

(1) Create a more efficient and just process of marriage

dissolution.

(2) Mitigate the harm to the spouses and their children

caused by the legal dissolution of the marriage.

(3) Effectuate economic justice between parties who are

divorced or separated and grant or withhold alimony according

to the actual need and ability to pay of the parties and

ensure a fair and just determination and settlement of their

property rights.

(4) Treat marriage as a contract and dissolve marriages

according to the established standards of contract law,

except where otherwise specified in law.

* * *

Section 3. The definitions of "qualified professionals" and

"separate and apart" in section 3103 of Title 23 are amended to

read:

§ 3103. Definitions.

The following words and phrases when used in this part shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

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["Qualified professionals." Includes marriage counselors,

psychologists, psychiatrists, social workers, ministers,

priests, rabbis or other persons who, by virtue of their

training and experience, are able to provide counseling.]

"Separate and apart." Cessation of cohabitation, whether

living in the same residence or not. [In the event a complaint

in divorce is filed and served, it shall be presumed that the

parties commenced to live separate and apart not later than the

date that the complaint was served.]

* * *

Section 4. Sections 3106 and 3301 of Title 23 are amended to

read:

§ 3106. Premarital agreements.

(a) General rule.--The burden of proof to set aside a

premarital agreement shall be upon the party alleging the

agreement to be unenforceable. A premarital agreement shall not

be enforceable if the party seeking to set aside the agreement

proves, by [clear and convincing evidence] a preponderance of

the evidence, that:

(1) the party did not execute the agreement voluntarily;

[or]

(2) the party, before execution of the agreement:

(i) was not provided a fair and reasonable

disclosure of the property or financial obligations of

the other party;

(ii) did not voluntarily and expressly waive, in

writing, any right to disclosure of the property or

financial obligations of the other party beyond the

disclosure provided; and

(iii) did not have an adequate knowledge of the

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property or financial obligations of the other party[.];

(3) the party did not sufficiently understand the

agreement due to excessive complexity of the language in

which it was written. Excessive complexity shall be

determined by the totality of the circumstances, including

the legal education of the party, fluency in the language and

any other relevant factor that may have reasonably impeded

comprehension. Representation by legal counsel at the time of

the execution conveys understanding of the agreement.

(b) Definition.--As used in this section, the term

"premarital agreement" means an agreement between prospective

spouses made in contemplation of marriage and to be effective

upon marriage.

§ 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

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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.

(1) 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.

(2) The consent of a party shall be presumed where that

party has been convicted of committing a personal injury

crime against the other party.

(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 one

year and that the marriage is irretrievably broken and the

defendant either:

(i) Does not deny the allegations set forth in the

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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 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.

(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.] The court

shall grant a divorce upon the petition of either spouse.

Section 5. Section 3302 of Title 23 is repealed:

[§ 3302. Counseling.

(a) Indignities.--Whenever indignities under section 3301(a)

(6) (relating to grounds for divorce) is the ground for divorce,

the court shall require up to a maximum of three counseling

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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.

continuation period as provided for irretrievable breakdown in

section 3301(d)(2), the court shall 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.

(g) Exception.--Notwithstanding any other provision of law,

in no case may the court require counseling over the objection

of a party that has a protection from abuse order, enforceable

under Chapter 61 (relating to protection from abuse) against the

other party, or where that party was the victim of a personal

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injury crime for which the other party was convicted or has

entered into an Accelerated Rehabilitative Disposition program

as a result of conduct for which the other party was a victim.]

Section 6. Section 3305(a)(5) of Title 23 is amended to

read:

§ 3305. Grounds for annulment of voidable marriages.

(a) General rule.--The marriage of a person shall be deemed

voidable and subject to annulment in the following cases:

* * *

(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].

* * *

Section 7. Sections 3307, 3308 and 3309 of Title 23 are

repealed:

[§ 3307. Defenses.

(a) General rule.--Existing common-law defenses are retained

as to the grounds enumerated in section 3301(a) and (b)

(relating to grounds for divorce). The defenses of condonation,

connivance, collusion, recrimination and provocation are

abolished as to the grounds enumerated in section 3301(c) and

(d).

(b) Adultery.--In an action for divorce on the ground of

adultery, it is a good defense and a perpetual bar against the

action if the defendant alleges and proves, or if it appears in

the evidence, that the plaintiff:

(1) has been guilty of like conduct;

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(2) has admitted the defendant into conjugal society or

embraces after the plaintiff knew of the fact;

(3) allowed the defendant's prostitution or received

hire from it; or

(4) exposed the defendant to lewd company whereby the

defendant became involved in the adultery.

§ 3308. Action where defendant suffering from mental disorder.

If a spouse is insane or suffering from serious mental

disorder, an action may be commenced under this part against

that spouse upon any ground for divorce or annulment.

§ 3309. General appearance and collusion.

The entry of a general appearance by, or in behalf of, a

defendant does not constitute collusion. Collusion shall be

found to exist only where the parties conspired to fabricate

grounds for divorce or annulment, agreed to and did commit

perjury or perpetrated fraud on the court. Negotiation and

discussion of terms of property settlement and other matters

arising by reason of contemplated divorce or annulment do not

constitute collusion.]

Section 8. Title 23 is amended by adding a section to read:

§ 3321.1. General order of divorce proceedings.

(a) Divorce proceedings.--A divorce shall be resolved in the

minor judiciary or Philadelphia Municipal Court at the request

of either party when the following requirements are met:

(1) If the parties have children, the parties have

created an agreement regarding custody arrangements, which

may be shared with the court.

(2) There are no adversarial claims about property.

(3) Both parties aver they are cognizant of renouncing

claims regarding the future financial interests of the other

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party, including, but not limited to, private pension

benefits.

(4) Neither party is making an alimony claim.

(b) Claims.--If any of the requirements of subsection (a)

are not met, the divorce shall be granted, but all claims

regarding custody arrangements, property, future financial

interests or alimony shall be bifurcated to the court of common

pleas or, if mutually consented to by the parties, the mediation

process.

Section 9. Section 3322 of Title 23 is repealed:

[§ 3322. Jury trial.

(a) Application for jury trial.--After service of the

complaint in divorce or annulment on the defendant in the manner

prescribed by general rules or entry of a general appearance for

the defendant, if either of the parties desires any matter of

fact that is affirmed by one and denied by the other to be tried

by a jury, that party may take a rule upon the opposite party,

to be allowed by a judge of the court, to show cause why the

issues of fact set forth in the rule should not be tried by a

jury, which rule shall be served upon the opposite party or

counsel for the opposite party.

(b) Disposition of application.--Upon the return of the

rule, after hearing, the court may discharge it, make it

absolute or frame issues itself. Only the issues ordered by the

court shall be tried. The rule shall not be made absolute when,

in the opinion of the court, a trial by jury cannot be had

without prejudice to the public morals.]

Section 10. Section 3323(a), (b), (c.1) and (g) of Title 23,

amended November 3, 2022 (P.L.1691, No.106), are amended to

read:

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§ 3323. Decree of court.

(a) General rule.--In all matrimonial causes, the court [may

either dismiss the complaint or] shall enter a decree of divorce

or annulment of the marriage.

(b) Contents of decree.--A decree granting a divorce or an

annulment shall include[, after a full hearing, where these

matters are raised in any pleadings, an order determining and

disposing of] an order bifurcating the resolution of disputes,

raised in a timely manner to the court, relating to existing

property rights and interests between the parties, custody,

partial custody and visitation rights, child support, alimony,

reasonable attorney fees, costs and expenses and any other

related matters, including the enforcement of agreements

voluntarily entered into between the parties and accompanied by

the information required under subsection (b.1). In the

enforcement of the rights of any party to any of these matters,

the court shall have all necessary powers, including, but not

limited to, the power of contempt and the power to attach wages.

* * *

[(c.1) Bifurcation.--With the consent of both parties, the

court may enter a decree of divorce or annulment prior to the

final determination and disposition of the matters provided for

in subsection (b) if the court determines that doing so provides

sufficient economic protections for any minor children of the

marriage. In the absence of the consent of both parties, the

court may enter a decree of divorce or annulment prior to the

final determination and disposition of the matters provided for

in subsection (b) if:

(1) grounds have been established as provided in

subsection (g); and

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(2) the moving party has demonstrated that:

(i) compelling circumstances exist for the entry of

the decree of divorce or annulment; and

(ii) sufficient economic protections have been

provided for the other party and any minor children of

the marriage during the pendency of the disposition of

the matters provided for in subsection (b).]

* * *

[(g) Grounds established.--For purposes of subsections (c.1)

and (d.1), grounds are established as follows:

(1) In the case of an action for divorce under section

3301(a) or (b) (relating to grounds for divorce), the court

adopts a report of the master or makes its own findings that

grounds for divorce exist.

(2) In the case of an action for divorce under section

3301(c), both parties have filed affidavits of consent or, if

the presumption in section 3301(c)(2) is established, one

party has filed an affidavit of consent.

(3) In the case of an action for divorce under section

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 one year at the time of

the filing of the affidavit.]

Section 11. Sections 3331 and 3332 of Title 23 are repealed:

[§ 3331. Limitations on attacks upon decrees.

The validity of a decree of divorce or annulment issued by a

court shall not be questioned, except by appeal, in any court or

place in this Commonwealth after the death of either party to

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the proceeding. If it is shown that a party who subsequently

attempts to question the validity of the decree had full

knowledge of the facts and circumstances later complained of at

the time of issuance of the decree or failed to take any action

despite this knowledge within two years after the date of the

decree, the party shall be barred from questioning the decree,

and it shall be valid in all courts and places within this

Commonwealth.

§ 3332. Opening or vacating decrees.

A motion to open a decree of divorce or annulment may be made

only within the period limited by 42 Pa.C.S. § 5505 (relating to

modification of orders) and not thereafter. The motion may lie

where it is alleged that the decree was procured by intrinsic

fraud or that there is new evidence relating to the cause of

action which will sustain the attack upon its validity. A motion

to vacate a decree or strike a judgment alleged to be void

because of extrinsic fraud, lack of jurisdiction over the

subject matter or a fatal defect apparent upon the face of the

record must be made within five years after entry of the final

decree. Intrinsic fraud relates to a matter adjudicated by the

judgment, including perjury and false testimony, whereas

extrinsic fraud relates to matters collateral to the judgment

which have the consequence of precluding a fair hearing or

presentation of one side of the case.]

Section 12. Sections 3706 and 3901(c)(2) of Title 23 are

amended to read:

§ 3706. Bar to alimony.

No petitioner is entitled to receive an award of alimony

where the petitioner, subsequent to the divorce pursuant to

which alimony is being sought, has entered into cohabitation

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with a person [of the opposite sex who is not a member of the

family of the petitioner within the degrees of consanguinity.]

who has an ongoing intimate relationship with the petitioner.

§ 3901. Mediation programs.

* * *

(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].

* * *

Section 13. This act shall take effect in 60 days.

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