PRINTER'S NO. 1112
No. 995 Session of 1995
INTRODUCED BY REBER, TRELLO, CORNELL, CARN, DALEY, THOMAS,
BELFANTI AND VAN HORNE, MARCH 6, 1995
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 1995
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for grounds for
3 divorce.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3301(d) of Title 23 of the Pennsylvania
7 Consolidated 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
12 been filed alleging that the marriage is irretrievably broken
13 and an affidavit has been filed alleging that the parties
14 have lived separate and apart for a period of at least [two
15 years] one year and that the marriage is irretrievably broken
16 and the defendant either:
17 (i) Does not deny the allegations set forth in the
18 affidavit.
1 (ii) Denies one or more of the allegations set forth
2 in the affidavit but, after notice and hearing, the court
3 determines that the parties have lived separate and apart
4 for a period of at least [two years] one year and that
5 the marriage is irretrievably broken.
6 (2) If a hearing has been held pursuant to paragraph
7 (1)(ii) and the court determines that there is a reasonable
8 prospect of reconciliation, then the court shall continue the
9 matter for a period not less than 90 days nor more than 120
10 days unless the parties agree to a period in excess of 120
11 days. During this period, the court shall require counseling
12 as provided in section 3302 (relating to counseling). If the
13 parties have not reconciled at the expiration of the time
14 period and one party states under oath that the marriage is
15 irretrievably broken, the court shall determine whether the
16 marriage is irretrievably broken. If the court determines
17 that the marriage is irretrievably broken, the court shall
18 grant the divorce. Otherwise, the court shall deny the
19 divorce.
20 * * *
21 Section 2. The provisions of this act shall apply to all
22 cases, whether the cause for divorce arose prior or subsequent
23 to the enactment of this act.
24 Section 3. This act shall take effect in 60 days.
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