AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in dissolution of marital status,
3further providing for grounds for divorce.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 3301(d) of Title 23 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 3301. Grounds for divorce.

9* * *

10(d) Irretrievable breakdown.--

11(1) The court may grant a divorce where a complaint has
12been filed alleging that the marriage is irretrievably broken
13and an affidavit has been filed alleging that the parties
14have lived separate and apart for a period of at least [two
15years] one year and that the marriage is irretrievably broken
16and the defendant either:

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

1affidavit.

2(ii) Denies one or more of the allegations set forth
3in the affidavit but, after notice and hearing, the court
4determines that the parties have lived separate and apart
5for a period of at least [two years] one year and that
6the marriage is irretrievably broken.

7(2) If a hearing has been held pursuant to paragraph (1)
8(ii) and the court determines that there is a reasonable
9prospect of reconciliation, then the court shall continue the
10matter for a period not less than 90 days nor more than 120
11days unless the parties agree to a period in excess of 120
12days. During this period, the court shall require counseling
13as provided in section 3302 (relating to counseling). If the
14parties have not reconciled at the expiration of the time
15period and one party states under oath that the marriage is
16irretrievably broken, the court shall determine whether the
17marriage is irretrievably broken. If the court determines
18that the marriage is irretrievably broken, the court shall
19grant the divorce. Otherwise, the court shall deny the
20divorce.

21* * *

22Section 2. The amendment of 23 Pa.C.S. § 3301(d) shall apply
23to periods of living separate and apart that commence after the
24effective date of this section.

25Section 3. This act shall take effect in 60 days.