PRIOR PRINTER'S NOS. 692, 1571, 2225 PRINTER'S NO. 2290
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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 16, 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. Statement of reasons for distribution. 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 Section 507. Bar to any alimony. 28 Chapter 6. Appeals and Attacks upon Decrees 29 Section 601. Limitations on attacks upon decrees. 30 Section 602. Opening or vacating divorce decrees. 19790H0640B2290 - 2 -
1 Section 603. Plaintiff a competent witness. 2 Section 604. Rules of court. 3 Section 605. Res judicata and estoppel. 4 Chapter 7. Miscellaneous Provisions 5 Section 701. Marriage upon false rumor of spouse's death. 6 Section 702. Resumption of prior name. 7 Section 703. Privileged communications. 8 Chapter 8. Repeals and Effective Date 9 Section 801. Repeals. 10 Section 802. Effective date. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 CHAPTER 1 14 PRELIMINARY PROVISIONS 15 Section 101. Short title. 16 This act shall be known and may be cited as the "Divorce 17 Code." 18 Section 102. Legislative findings and intent. 19 (a) The family is the basic unit in society and the 20 protection and preservation of the family is of paramount public 21 concern. Therefore, it is hereby declared to be the policy of 22 the Commonwealth of Pennsylvania to: 23 (1) Make the law for legal dissolution of marriage 24 effective for dealing with the realities of matrimonial 25 experience. 26 (2) Encourage and effect reconciliation and settlement 27 of differences between spouses, especially where children are 28 involved. 29 (3) Give primary consideration to the welfare of the 30 family rather than the vindication of private rights or the 19790H0640B2290 - 3 -
1 punishment of matrimonial wrongs. 2 (4) Mitigate the harm to the spouses and their children 3 caused by the legal dissolution of the marriage. 4 (5) Seek causes rather than symptoms of family 5 disintegration and cooperate with and utilize the resources 6 available to deal with family problems. 7 (6) Effectuate economic justice between parties who are 8 divorced or separated and grant or withhold alimony according 9 to the actual need and ability to pay of the parties and 10 insure a fair and just determination and settlement of their 11 property rights. 12 (b) The objectives set forth in subsection (a) shall be 13 considered in construing provisions of this act and shall be 14 regarded as expressing the legislative intent. 15 Section 103. Construction. 16 The provisions of this act, so far as they are the same as 17 those of existing laws, are intended as a continuation of such 18 laws and not as new enactments. The provisions of this act shall 19 apply to all cases, whether the cause for divorce or annulment 20 arose prior or subsequent to enactment of this act. The 21 provisions of this act shall not affect any suit or action 22 pending, but the same may be proceeded with and concluded either 23 under the laws in existence when such suit or action was 24 instituted, notwithstanding the repeal of such laws by this act, 25 or, upon application granted, under the provisions of this act. 26 The provisions of this act shall not apply to any case in which 27 a decree has been rendered prior to the effective date of the 28 act. This act shall not affect any marital agreement executed 29 prior to the effective date of this act or any amendment or 30 modification thereto. 19790H0640B2290 - 4 -
1 Section 104. Definitions. 2 The following words and phrases when used in this act shall 3 have the meanings given to them in this section unless the 4 context clearly indicates otherwise: 5 "Act." The Divorce Code. 6 "Alimony." An order for support granted by this or any other 7 state to a spouse or former spouse in conjunction with a decree 8 granting a divorce or annulment. 9 "Alimony pendente lite." An order for temporary support 10 granted to a spouse during the pendency of a divorce or 11 annulment proceeding. 12 "Court." The court of common pleas. 13 "Divorce." Divorce from the bonds of matrimony. 14 "Grounds for divorce." The grounds enumerated in section 15 201. 16 "Law." Includes both statutory and common law. 17 "Qualified professionals." Includes marriage counselors, 18 psychologists, psychiatrists, social workers, ministers, 19 priests, or rabbis, or other persons who, by virtue of their 20 training and experience, are able to provide counseling. 21 "Separate and apart." Complete cessation of any and all 22 cohabitation. 23 CHAPTER 2 24 DISSOLUTION OF MARITAL STATUS 25 Section 201. Grounds for divorce. 26 (a) It shall be lawful for the court to grant a divorce to 27 the innocent and injured spouse whenever it shall be judged that 28 the other spouse shall have: 29 (1) Committed willful and malicious desertion, and 30 absence from the habitation of the injured and innocent 19790H0640B2290 - 5 -
1 spouse, without a reasonable cause, for the period of one or 2 more years. 3 (2) Committed adultery. 4 (3) By cruel and barbarous treatment, endangered the 5 life or health of the injured and innocent spouse. 6 (4) Knowingly entered into a bigamous marriage while a 7 former marriage still is subsisting. 8 (5) Been sentenced to imprisonment for a term of two or 9 more years upon conviction of having committed a crime. 10 (6) Offered such indignities to the innocent and injured 11 spouse as to render his or her condition intolerable and life 12 burdensome. 13 (b) It shall be lawful for the court to grant a divorce upon 14 the ground that insanity or serious mental disorder has resulted 15 in confinement in a mental institution for at least three years 16 immediately before the filing of the complaint, and where there 17 is no reasonable prospect of the defendant spouse's being 18 discharged from inpatient care during the next three years 19 subsequent to the filing of the complaint. A presumption that no 20 such prospect of discharge exists shall be established by a 21 certificate of the superintendent of such institution to that 22 effect and which includes a supporting statement of a treating 23 physician. 24 (c) It shall also be lawful for the court to grant a divorce 25 where a complaint has been filed alleging that the marriage is 26 irretrievably broken and 90 days have elapsed from the date of 27 filing of the complaint and an affidavit has been filed by each 28 of the parties evidencing that each of the parties consents to 29 the divorce. 30 (D) THE COURT MAY ALSO GRANT A DIVORCE WHEN FOR A PERIOD OF <-- 19790H0640B2290 - 6 -
1 AT LEAST THREE YEARS IMMEDIATELY PRECEDING THE GRANTING OF THE
2 DIVORCE THE PARTIES HAVE CONTINUOUSLY LIVED SEPARATE AND APART,
3 WITH COMPLETE CESSATION OF COHABITATION, WHICH MUST BE
4 ESTABLISHED BY AN AFFIDAVIT OF ONE OF THE PARTIES AND
5 CORROBORATED BY A WITNESS OTHER THAN THE PARTIES AND 90 DAYS
6 HAVE ELAPSED FROM THE DATE OF THE FILING OF THE COMPLAINT.
7 Section 202. Counseling.
8 (a) Whenever section 201(a)(6) is the ground for divorce,
9 the court shall require up to a maximum of three counseling
10 sessions where either of the parties requests it.
11 (b) Whenever section 201(c) OR (D) is the ground for <--
12 divorce, the court shall require up to a maximum of three
13 counseling sessions within the 90 days following the filing of
14 the complaint where either of the parties requests it.
15 (c) Whenever section 201(a)(6) or (c) , (C) OR (D) is the <--
16 ground for divorce, the court shall upon filing of the
17 complaint, notify both parties of the availability of counseling
18 and upon request, provide both parties a list of qualified
19 professionals who provide such services.
20 (d) The choice of a qualified professional shall be at the
21 option of the parties and such professional need not be selected
22 from the list provided by the court.
23 (e) Where the court requires counseling, a report shall be
24 made by the qualified professional stating that the parties did
25 or did not attend.
26 Section 203. Annulment of void and voidable marriages.
27 In all cases where a supposed or alleged marriage shall have
28 been contracted which is void or voidable under this act or
29 under applicable law, either party to such supposed or alleged
30 marriage may bring an action in annulment to have it declared
19790H0640B2290 - 7 -
1 null and void in accordance with the procedures provided for 2 under this act and the Rules of Civil Procedure. 3 Section 204. Annulment or invalidity of void marriages. 4 (a) Where there has been no confirmation by cohabitation 5 following the removal of an impediment, the supposed or alleged 6 marriage of any person shall be deemed void in the following 7 cases: 8 (1) Where either party at the time of such marriage had 9 an existing spouse and the former marriage had not been 10 annulled nor had there been a divorce, except where such 11 person had obtained a decree of presumed death of the former 12 spouse. 13 (2) Where the parties to such marriage are related 14 within the prohibited degrees of consanguinity, which degrees 15 are as follows: 16 A man may not marry his mother. 17 A man may not marry his father's sister. 18 A man may not marry his mother's sister. 19 A man may not marry his sister. 20 A man may not marry his daughter. 21 A man may not marry the daughter of his son or 22 daughter. 23 A woman may not marry her father. 24 A woman may not marry her father's brother. 25 A woman may not marry her mother's brother. 26 A woman may not marry her brother. 27 A woman may not marry her son. 28 A woman may not marry the son of her son or daughter. 29 (3) Where either party to such marriage was incapable of 30 consenting by reason of insanity or serious mental disorder, 19790H0640B2290 - 8 -
1 or otherwise lacked capacity to consent or did not intend to 2 assent to such marriage. 3 (b) In all such cases of marriages which are void, the 4 marriage may be annulled as set forth in section 203, or its 5 invalidity may be declared in any collateral proceeding. 6 Section 205. Grounds for annulment of voidable marriages. 7 (a) The marriage of any person shall be deemed voidable and 8 subject to annulment in the following cases: 9 (1) Where either party to such marriage was under 16 10 years of age, unless such marriage was expressly authorized 11 by a judge of the court. 12 (2) Where either party was 16 or 17 years of age and 13 lacked the consent of parent or guardian or express 14 authorization of the court and has not subsequently ratified 15 such marriage upon reaching the age of 18 and such proceeding 16 for annulment is commenced within 60 days after the marriage 17 ceremony. 18 (3) Where either party to such marriage was under the 19 influence of intoxicating liquor or drugs and a proceeding 20 for annulment has been filed within 60 days after the 21 marriage ceremony. 22 (4) Where either party to such marriage still is and was 23 naturally and incurably impotent at the time of such 24 marriage, unless the condition was known to the other party 25 prior to the marriage. 26 (5) Where one party was induced to enter into such 27 marriage due to the fraud, duress, coercion, or force 28 attributable to the other party, and there has been no 29 subsequent voluntary cohabitation after knowledge of such 30 fraud or release from the effects of fraud, duress, coercion, 19790H0640B2290 - 9 -
1 or forces. 2 (b) In all such cases of marriages which are voidable, 3 either party thereto may seek and obtain an annulment of such 4 marriage, but unless and until such decree is obtained from a 5 court of competent jurisdiction, such marriage shall be valid 6 and subsisting. The validity of such a voidable marriage shall 7 not be subject to attack or question by any person if it is 8 subsequently confirmed by the parties thereto or if either party 9 has died. 10 Section 206. Proceedings to determine marital status. 11 When the validity of any marriage shall be denied or doubted, 12 either or both of the parties to the marriage may bring an 13 action for a declaratory judgment seeking a declaration of the 14 validity or invalidity of the marriage, and, upon due proof of 15 the validity or invalidity thereof, it shall be declared valid 16 or invalid by decree of such court, and, unless reversed upon 17 appeal, such declaration shall be conclusive upon all persons 18 concerned. 19 Section 207. Defenses. 20 (a) Existing common law defenses are retained as to the 21 grounds enumerated in section 201(a) and (b). The defenses of 22 condonation, connivance, collusion; recrimination and 23 provocation are abolished as to the grounds enumerated in 24 section 201(c). 25 (b) In any action or suit for divorce for the cause of 26 adultery, if the defendant shall allege and prove, or it shall 27 appear in the evidence, that the plaintiff has been guilty of 28 the like offense, or has admitted the defendant into conjugal 29 society or embraces after he or she knew of the fact, or that 30 the said plaintiff allowed the defendant's prostitution, or 19790H0640B2290 - 10 -
1 received hire from it, or exposed the defendant to lewd company 2 whereby he or she became ensnared to the offense after said, it 3 shall be a good defense and a perpetual bar against the same. 4 Section 208. Jurisdiction where defendant is insane or suffering 5 from serious mental disorder. 6 In cases where a spouse is insane or suffering from serious 7 mental disorder the court shall have jurisdiction to receive a 8 complaint for divorce in which such person is made the defendant 9 upon any ground set forth in section 201, and for annulment. 10 CHAPTER 3 11 PROCEDURE 12 Section 301. Jurisdiction. 13 (a) The courts of this Commonwealth as defined in section 14 104 shall have original jurisdiction in cases of divorce and for 15 the annulment of void or voidable marriages and, where they have 16 jurisdiction, shall determine in conjunction with any decree 17 granting a divorce or annulment in the following matters, where 18 raised in the complaint or the answer and issue appropriate 19 decrees or orders with reference thereto and may retain 20 continuing jurisdiction thereof: 21 (1) The determination and disposition of property rights 22 and interests between spouses, including any rights created 23 by any antenuptial, postnuptial, or separation agreement and 24 including the partition of property held as tenants by the 25 entireties or otherwise and any accounting between them, and 26 the order of any alimony, alimony pendente lite, counsel 27 fees, or costs authorized by law. 28 (2) The future care, custody and visitation rights as to 29 children of such marriage or purported marriage. 30 (3) Any support or assistance which shall be paid for 19790H0640B2290 - 11 -
1 the benefit of any children of such marriage or purported 2 marriage. 3 (4) Any property settlement, involving any of the 4 matters set forth in paragraphs (1), (2) and (3) as submitted 5 by the parties. 6 (5) Any other matters pertaining to such marriage and 7 divorce or annulment authorized by law and which fairly and 8 expeditiously may be determined and disposed of in such 9 action. 10 (b) The said courts having power to grant divorces shall 11 have authority to do so notwithstanding the fact that the 12 marriage of the parties and the cause for divorce occurred 13 outside of this Commonwealth and that both parties were at the 14 time of such occurrence, domiciled without this Commonwealth. 15 Said courts shall also have power to annul void or voidable 16 marriages notwithstanding the fact such were celebrated without 17 this Commonwealth at a time when neither party was domiciled 18 within this Commonwealth. 19 Section 302. Residence and domicile of parties. 20 No spouse shall be entitled to commence proceeding for 21 divorce or annulment by virtue of this act, unless at least one 22 of the parties has been a bona fide resident in this 23 Commonwealth for at least six months immediately previous to the 24 filing of the complaint. Both parties shall be competent 25 witnesses to prove his or her residence and proof of actual 26 residence within the Commonwealth for six months shall create a 27 presumption of domicile within the Commonwealth. 28 Section 303. General appearance and collusion. 29 The entry of a general appearance by, or in behalf of, a 30 defendant shall not be deemed collusion. Collusion shall be 19790H0640B2290 - 12 -
1 found to exist only where the parties conspired to fabricate 2 grounds for divorce or annulment, agreed to and did commit 3 perjury, or perpetrated fraud on the court. Negotiation and 4 discussion of terms of property settlement and other matters 5 arising by reason of contemplated divorce or annulment shall not 6 be deemed to constitute collusion. 7 Section 304. Hearing by master. 8 A master may be appointed by the court to hear testimony on 9 all or some issues, except issues of custody, paternity, 10 property distribution and alimony, and return the record and a 11 transcript of the testimony together with his report and 12 recommendation as provided by the Rules of Civil Procedure, or a 13 judge of the court in chambers may appoint a master to take 14 testimony and 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. 19790H0640B2290 - 13 -
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. The court may order alimony, reasonable counsel 22 fees and expenses pending final disposition of the matters 23 provided for in this subsection and upon final disposition, the 24 court may award costs to the party in whose favor the order or 25 decree shall be entered, or may order that each party shall pay 26 his or her own costs, as it shall appear just and reasonable. 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 19790H0640B2290 - 14 -
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 sources of income of both parties, including but 21 not limited to medical, retirement, insurance or other 22 benefits. 23 (7) The contribution or dissipation of each party in the 24 acquisition, preservation, depreciation or appreciation of 25 the marital property, including the contribution of a party 26 as homemaker. 27 (8) The value of the property set apart to each party. 28 (9) The standard of living of the parties established 29 during the marriage. 30 (10) The economic circumstances of each party at the 19790H0640B2290 - 15 -
1 time the division of property is to become effective. 2 (e) For purposes of this chapter only, "marital property" 3 means all property acquired by either party during the marriage 4 except: 5 (1) Property acquired in exchange for property acquired 6 prior to the marriage except for the increase in value during 7 the marriage. 8 (2) Property excluded by valid agreement of the parties 9 entered into before, during or after the marriage. 10 (3) Property acquired by gift, bequest, devise or 11 descent except for the increase in value during the marriage. 12 (4) Property acquired after separation until the date of 13 divorce, provided however, if the parties separate and 14 reconcile, all property acquired subsequent to the final 15 separation until their divorce. 16 (5) Property which the party has mortgaged, sold, 17 granted, conveyed or otherwise encumbered or disposed of in 18 good faith and for a fair consideration prior to the time 19 proceedings for the divorce are commenced. 20 (6) Property acquired with, or received in exchange for 21 property acquired with, funds derived from compensation, 22 pensions, income, or other payments received as payment for 23 the loss or impairment of parts or functions of the body of 24 the party who received the payment. This exclusion includes 25 income from and increases in value of the property. The 26 burden of proof shall be on the party claiming the exclusion 27 provided by this paragraph. The property FUNDS, INCOME FROM <-- 28 AND INCREASES IN VALUE OF SUCH PROPERTY excluded by this 29 paragraph or any increase in the standard of living provided <-- 30 by RESULTING FROM such property FUNDS, INCOME FROM AND <-- 19790H0640B2290 - 16 -
1 INCREASES IN VALUE OF SUCH PROPERTY shall not be considered 2 in the distribution of the other property or the award of 3 alimony. 4 (f) All property, whether real or personal, acquired by 5 either party during the marriage is presumed to be marital 6 property regardless of whether title is held individually or by 7 the parties in some form of co-ownership such as joint tenancy, 8 tenancy in common or tenancy by the entirety. The presumption of 9 marital property is overcome by a showing that the property was 10 acquired by a method listed in subsection (e). 11 (g) The court may also impose a lien or charge upon the 12 marital property assigned to a party as security for the payment 13 of alimony or other award for the other party. 14 (h) The court may award to one, each, or both of the parties 15 the right to live in the family home for reasonable periods of 16 time. 17 (i) The court may also direct the continued maintenance and 18 beneficiary designations of existing policies insuring the life 19 of either party. The court's power under this subsection shall 20 extend only to policies originally purchased during the marriage 21 and owned by or within the effective control of either party. 22 (j) Whenever a decree or judgment is granted which nullifies 23 or absolutely terminates the bonds of matrimony, any and all 24 property rights which are dependent upon such marital relation, 25 save those which are vested rights, are terminated unless the 26 court otherwise expressly provides in its decree in accordance 27 with subsection (b). All duties, rights, and claims accruing to 28 either of said parties at any time heretofore in pursuance of 29 the said marriage, shall cease and the parties shall, severally, 30 be at liberty to marry again in like manner as if they had never 19790H0640B2290 - 17 -
1 been married, except where otherwise provided by law. 2 Section 402. Disposition of realty and personalty after 3 termination of marriage. 4 Unless otherwise provided by the court, whenever a decree of 5 annulment or divorce is decreed by a court of competent 6 jurisdiction, both parties whose marriage is so terminated or 7 affected, shall have complete freedom of disposition as to their 8 separate property and may mortgage, sell, grant, convey, or 9 otherwise encumber or dispose of such realty or personalty, 10 whether such separate property was acquired before, during, or 11 after coverture, and neither need join in, consent to, or 12 acknowledge any deed, mortgage, or instrument of the other. 13 Section 403. Injunction against disposition of property 14 pending suit and decree rendering fraudulent 15 transfers null and void. 16 (a) Where it appears to the court that a party is about to 17 remove himself or his property from the jurisdiction of the 18 court or is about to dispose of, alienate, or encumber property 19 in order to defeat alimony pendente lite, alimony, child and 20 spousal support, or similar award, an injunction may issue to 21 prevent such removal or disposition and such property may be 22 attached as provided by the Rules of Civil Procedure. The court 23 may also issue a writ of ne exeat to preclude such removal. 24 (b) Both parties shall submit to the court an inventory and 25 appraisement of all property owned or possessed at the time 26 action was commenced. 27 (c) If any party deliberately or negligently fails to 28 disclose information required by subsection (b) and in 29 consequence thereof any asset or assets with a fair market value 30 of $500 or more is omitted from the final distribution of 19790H0640B2290 - 18 -
1 property, the party aggrieved by such nondisclosure may at any 2 time petition the court granting the annulment or divorce to 3 declare the creation of a constructive trust as to all 4 undisclosed assets, for the benefit of the parties and their 5 minor or dependent children, if any, with the party in whose 6 name the assets are held declared the constructive trustee, said 7 trust to include such terms and conditions as the court may 8 determine. The court shall grant the petition upon a finding of 9 a failure to disclose such assets as required under subsection 10 (b). 11 (d) Any encumbrance or disposition of property to third 12 persons who had notice of the pendency of the matrimonial action 13 or who paid wholly inadequate consideration for such property 14 may be deemed fraudulent and declared null and void. 15 Section 404. Statement of reasons for distribution. 16 In an order made under this chapter for the distribution of 17 property the court shall set forth the reason or reasons for the 18 distribution ordered. 19 CHAPTER 5 20 ALIMONY AND SUPPORT 21 Section 501. Alimony. 22 (a) The court may allow alimony, as it deems reasonable, to 23 either party, only if it finds that the party seeking alimony: 24 (1) lacks sufficient property, including but not limited 25 to any property distributed pursuant to Chapter 4, to provide 26 for his or her reasonable needs; and 27 (2) is unable to support himself or herself through 28 appropriate employment. 29 (b) In determining whether alimony is necessary, and in 30 determining the nature, amount, duration, and manner of payment 19790H0640B2290 - 19 -
1 of alimony, the court shall consider all relevant factors 2 including: 3 (1) The relative earnings and earning capacities of the 4 parties. 5 (2) The ages, and the physical, mental and emotional 6 conditions of the parties. 7 (3) The sources of income of both parties including but 8 not limited to medical, retirement, insurance or other 9 benefits. 10 (4) The expectancies and inheritances of the parties. 11 (5) The duration of the marriage. 12 (6) The contribution by one party to the education, 13 training or increased earning power of the other party. 14 (7) The extent to which it would be inappropriate for a 15 party, because said party will be custodian of a minor child, 16 to seek employment outside the home. 17 (8) The standard of living of the parties established 18 during the marriage. 19 (9) The relative education of the parties and the time 20 necessary to acquire sufficient education or training to 21 enable the party seeking alimony to find appropriate 22 employment. 23 (10) The relative assets and liabilities of the parties. 24 (11) The property brought to the marriage by either 25 party. 26 (12) The contribution of a spouse as homemaker. 27 (13) The relative needs of the parties. 28 (14) The marital misconduct of either of the parties 29 during the marriage; however, the marital misconduct of 30 either of the parties during separation subsequent to the 19790H0640B2290 - 20 -
1 filing of a divorce complaint shall not be considered by the 2 court in its determinations relative to alimony. 3 (c) Duration.--Unless the ability of the party seeking the 4 alimony to provide for his or her reasonable needs through 5 employment is substantially diminished by reason of age, 6 physical, mental or emotional condition, custody of minor 7 children, or other compelling impediment to gainful employment, 8 the court in ordering alimony shall limit the duration of the 9 order to a period of time which is reasonable for the purpose of 10 allowing the party seeking alimony to meet his or her reasonable 11 needs by: 12 (1) obtaining appropriate employment; or 13 (2) developing an appropriate employable skill. 14 (d) In an order made under this section the court shall set 15 forth the reason or reasons for its denial or award of alimony 16 and the amount thereof. 17 (e) Any order entered pursuant to this section is subject to 18 further order of the court upon changed circumstances of either 19 party of a substantial and continuing nature whereupon such 20 order may be modified, suspended, terminated, reinstituted, or a 21 new order made. Any such further order shall apply only to 22 payment accruing subsequent to the petition for the requested 23 relief. Remarriage of the party receiving alimony shall 24 terminate the award of alimony. 25 Section 502. Alimony pendente lite, counsel fees and expenses. 26 The court may, upon petition, in proper cases, allow a spouse 27 reasonable alimony pendente lite and reasonable counsel fees and 28 expenses. 29 Section 503. Enforcement of arrearages. 30 If at any time a party is in arrears in the payment of 19790H0640B2290 - 21 -
1 alimony or alimony pendente lite as provided for in sections 501 2 and 502, after hearing, the court may, in order to effect 3 payment of the arrearages: 4 (1) Enter judgment. 5 (2) Authorize the taking and seizure of the goods and 6 chattels and collection of the rents and profits of the real 7 estate of the party. 8 (3) Attach no more than 50% of the wages of the party. 9 (4) Award interest on unpaid installments. 10 (5) Require security to insure future payments. 11 (6) Issue attachment proceedings, directed to the 12 sheriff or other proper officer of the county, directing that 13 the person named as having failed to comply with the court 14 order be brought before the court at such time as the court 15 may direct. If the court finds, after hearing, that the said 16 person willfully failed to comply with the court order, it 17 may deem said person in civil contempt of court and in its 18 discretion make an appropriate order including, but not 19 limited to, commitment of said person to the county jail for 20 a period not to exceed six months. 21 Section 504. Payment of support, alimony and alimony pendente 22 lite. 23 When so ordered by the court, all payments of child and 24 spousal support, alimony or alimony pendente lite, shall be made 25 to the domestic relations section of the court which issued the 26 order or such section of the court at the residence of the party 27 entitled to receive such an award. The domestic relations 28 section shall keep an accurate record of all such payments and 29 shall notify the court immediately whenever any person subject 30 to a payment order is 30 days in arrears in such payment so that 19790H0640B2290 - 22 -
1 appropriate action may be taken to enforce the order of the 2 court. It shall be the duty of the domestic relations section to 3 distribute such payments to the person entitled thereto as soon 4 as possible after receipt. 5 Section 505. Alimony where a foreign ex parte divorce or 6 annulment. 7 Whenever a person who was a resident of this Commonwealth at 8 the time such person was a defendant or respondent in a foreign 9 ex parte action for annulment or divorce petitions a court of 10 this Commonwealth for alimony and establishes the need therefor, 11 such court, if it has jurisdiction over the person or property 12 of the other party, may order that such alimony be paid in the 13 same manner and under the same conditions and limitations which 14 pertain when alimony is sought as provided in this chapter. In 15 the event that the other party from whom such alimony is sought 16 cannot be located within this Commonwealth, the court may attach 17 such of the tangible or intangible property of said party as is 18 within the jurisdiction of the court in the manner provided by 19 the Rules of Civil Procedure, except that no exemption shall 20 apply. Such property shall thereupon be subject to the payment 21 of alimony in the same manner as provided by law in actions for 22 nonsupport. 23 Section 506. Enforcement of foreign decrees. 24 Whenever a person subject to a valid decree of a sister state 25 or territory for the payment of alimony, temporary alimony, or 26 alimony pendente lite, or his or her property is found within 27 this Commonwealth, the obligee of such a decree may petition the 28 court, where the obligor or his or her property is found, to 29 register, adopt as its own, and to enforce the said decree as a 30 duly issued and authenticated decree of a sister state or 19790H0640B2290 - 23 -
1 territory. Upon registration and adoption, such relief and 2 process for enforcement as is provided for at law, in equity, or 3 by court rule, in similar cases originally commenced in this 4 Commonwealth, shall be available, and a copy of the decree and 5 order shall be forwarded to the court of the state or territory 6 which issued the original decree. The obligor, in such actions 7 to register, adopt, and enforce, shall have such defenses and 8 relief as are available to him in the state or territory which 9 issued the original decree and may question the jurisdiction of 10 that court if not otherwise barred. Interest may be awarded on 11 unpaid installments and security may be required to insure 12 future payments as in such cases originally commenced in this 13 Commonwealth. Where property of the obligor, but not his person, 14 is found within this Commonwealth, there shall be jurisdiction 15 quasi in rem and, upon registration and adoption of the decree 16 of the sister state or territory, such relief and enforcement of 17 the decree shall be available as in other proceedings which are 18 quasi in rem. 19 Section 507. Bar to any alimony. 20 No petitioner shall be entitled to receive any award of 21 alimony where such petitioner has entered into cohabitation with 22 a person of the opposite sex who is not a member of the 23 petitioner's immediate family within the degrees of 24 consanguinity subsequent to the divorce pursuant to which 25 alimony is being sought. 26 CHAPTER 6 27 APPEALS AND ATTACKS UPON DECREES 28 Section 601. Limitations on attacks upon decrees. 29 The validity of any decree of divorce or annulment issued by 30 a court shall not be questioned, except by appeal, in any court 19790H0640B2290 - 24 -
1 or place in this Commonwealth after the death of either party to 2 such proceeding and if it is shown that a party who subsequently 3 attempts to question the validity of such a decree had full 4 knowledge of the facts and circumstances later complained of, at 5 the time of issuance of said decree, or failed to take any 6 action, despite such knowledge, within two years after the date 7 of such decree, said party shall be barred from questioning such 8 decree and it shall be deemed valid in all courts and places 9 within this Commonwealth. 10 Section 602. Opening or vacating divorce decrees. 11 A motion to open a decree of divorce or annulment may be made 12 only within 30 days after entry of the decree and not 13 thereafter. Such motion may lie where it is alleged that the 14 decree was procured by intrinsic fraud or that there is new 15 evidence relating to the cause of action which will sustain the 16 attack upon its validity. A motion to vacate a decree or strike 17 a judgment alleged to be void because of extrinsic fraud, lack 18 of jurisdiction over the subject matter or because of a fatal 19 defect apparent upon the face of the record, must be made within 20 five years after entry of the final decree. Intrinsic fraud is 21 such as relates to a matter adjudicated by the judgment, 22 including perjury and false testimony, whereas extrinsic fraud 23 relates to matters collateral to the judgment which have the 24 consequence of precluding a fair hearing or presentation of one 25 side of the case. 26 Section 603. Plaintiff a competent witness. 27 In all proceedings for divorce, the plaintiff shall be fully 28 competent to prove all the facts, as long as the defendant has 29 been served as provided by the Rules of Civil Procedure. 30 Section 604. Rules of court. 19790H0640B2290 - 25 -
1 The court is hereby authorized to make and adopt such rules 2 and practices as may be necessary to carry this act into effect 3 which are consistent with the Rules of Civil Procedure, and to 4 regulate proceedings before masters, and to fix their fees. 5 Section 605. Res judicata and estoppel. 6 The validity of any divorce or annulment decree granted by a 7 court having jurisdiction over the subject matter may not be 8 questioned by any party who was subject to the personal 9 jurisdiction of such court except by such direct appeal as is 10 provided by law. A party who sought and obtained such decree, 11 financed or agreed to its procurement, or accepted a property 12 settlement, alimony pendente lite or alimony pursuant to the 13 terms of such decree, or who remarries after such decree, or is 14 guilty of laches, is barred from making a collateral attack upon 15 the validity of such decree unless by clear and convincing 16 evidence it is established that fraud by the other party 17 prevented him from making a timely appeal from such divorce or 18 annulment decree. 19 CHAPTER 7 20 MISCELLANEOUS PROVISIONS 21 Section 701. Marriage upon false rumor of spouse's death. 22 (a) The remarriage of a spouse who has obtained a license to 23 marry and a decree of presumed death of the former spouse shall 24 be valid for all intents and purposes as though the former 25 marriage had been terminated by divorce, and any and all 26 property of the presumed decedent shall be administered and 27 disposed of as provided by Title 20 of the Pennsylvania 28 Consolidated Statutes (relating to decedents, estates and 29 fiduciaries). 30 (b) Where a remarriage has occurred upon false rumor of the 19790H0640B2290 - 26 -
1 death of a former spouse, in appearance well founded, but there 2 has been no decree of presumed death, the remarriage shall be 3 deemed void and subject to annulment by either party to such 4 remarriage as provided by section 204 and the returning spouse 5 shall have cause for divorce as provided in section 201. 6 (c) Where the remarriage was entered into in good faith, 7 neither party to such remarriage shall be subject to criminal 8 prosecution therefore. 9 (d) If the former spouse dies or procures a divorce the 10 parties to the remarriage shall be deemed to be lawfully married 11 from the date of such death or decree. 12 Section 702. Resumption of prior name. 13 It shall be lawful for any person who has heretofore been or 14 shall hereafter be divorced, or whose marriage is annulled, to 15 retake and thereafter use his or her prior name. Every such 16 person who elects to resume his or her prior name shall file a 17 written notice avowing such intention in the office of the 18 prothonotary of the court in which such decree of divorce or 19 annulment was entered, showing the caption and number and term 20 of the proceeding in divorce or annulment, and duly acknowledged 21 before a notary public. Where a person has a decree of divorce 22 or annulment granted to him or her, or his or her spouse, in a 23 foreign jurisdiction, a certified copy of such foreign divorce 24 or annulment decree shall be filed with the prothonotary where 25 the affiant resides, and thereafter such person desiring to 26 resume his or her prior name may file a written notice to do so 27 by making full reference therein to the filing of the foreign 28 divorce or annulment decree with the prothonotary of the county 29 where the affiant resides. A copy of the written notice in 30 either case, so filed, duly certified by the prothonotary, shall 19790H0640B2290 - 27 -
1 be competent evidence for all purposes of right and duty of such 2 person to use such prior name thereafter. 3 Section 703. Privileged communications. 4 Communications of a confidential character made by a spouse 5 to an attorney, or a qualified professional, shall be privileged 6 and inadmissible in evidence in any matrimonial cause unless the 7 party concerned waives such immunity. 8 CHAPTER 8 9 REPEALS AND EFFECTIVE DATE 10 Section 801. Repeals. 11 (a) The following acts and parts of acts and all amendments 12 thereto are repealed to the extent specified: 13 Sections V, VI and IX, act of March 13, 1815 (P.L.150, 14 Ch. CIX), entitled "An act concerning divorces," insofar as 15 supplied by this act. 16 The act of May 2, 1929 (P.L.1237, No.320), known as "The 17 Divorce Law," absolutely. 18 Clause (h) of section 5, act of August 22, 1953 19 (P.L.1344, No.383), known as "The Marriage Law." 20 (b) All other acts and parts of acts, general, local and 21 special, are repealed insofar as they are inconsistent herewith. 22 Section 802. Effective date. 23 This act shall take effect in 90 days. C8L23CVV/19790H0640B2290 - 28 -