PRINTER'S NO. 156
No. 174 Session of 2001
INTRODUCED BY FEESE, BARD, CALTAGIRONE, L. I. COHEN, M. COHEN,
CORRIGAN, CURRY, DALEY, FRANKEL, KREBS, MANDERINO,
McNAUGHTON, SHANER, SOLOBAY, T. STEVENSON, E. Z. TAYLOR, WILT
AND JOSEPHS, JANUARY 24, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 2001
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)(1) of Title 23 of the
7 Pennsylvania 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
1 affidavit.
2 (ii) Denies one or more of the allegations set forth
3 in the affidavit but, after notice and hearing, the court
4 determines that the parties have lived separate and apart
5 for a period of at least [two years] one year and that
6 the marriage is irretrievably broken.
7 (2) If a hearing has been held pursuant to paragraph
8 (1)(ii) and the court determines that there is a reasonable
9 prospect of reconciliation, then the court shall continue the
10 matter for a period not less than 90 days nor more than 120
11 days unless the parties agree to a period in excess of 120
12 days. During this period, the court shall require counseling
13 as provided in section 3302 (relating to counseling). If the
14 parties have not reconciled at the expiration of the time
15 period and one party states under oath that the marriage is
16 irretrievably broken, the court shall determine whether the
17 marriage is irretrievably broken. If the court determines
18 that the marriage is irretrievably broken, the court shall
19 grant the divorce. Otherwise, the court shall deny the
20 divorce.
21 * * *
22 Section 2. This act shall apply to divorce actions filed on
23 or after the effective date of this act.
24 Section 3. This act shall take effect immediately.
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