AN ACT

 

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

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

6Section 1. Sections 3301(e) and 3302(c) of Title 23 of the
7Pennsylvania Consolidated Statutes are amended and the sections
8are amended by adding subsections to read:

9§ 3301. Grounds for divorce.

10* * *

11(b.1) Crime against spouse.--The court may grant a divorce
12where it is alleged that the marriage is irretrievably broken
13and 90 days have elapsed from the date of commencement of an
14action under this part and an affidavit along with any other
15relevant supporting documentation has been filed by a party
16evidencing that the other party has been convicted of or has
17pleaded guilty or no contest to a crime against spouse.

1* * *

2(e) No hearing required in certain cases.--If grounds for
3divorce alleged in the complaint or counterclaim are established
4under subsection (b.1), (c) or (d), the court shall grant a
5divorce without requiring a hearing on any other grounds.

6(f) Definition.--As used in this section, the term "crime
7against spouse" shall mean an offense under 18 Pa.C.S. (relating
8to crimes and offenses) where the party filing the affidavit was
9the victim of the offense.

10§ 3302. Counseling.

11* * *

12(c) Irretrievable breakdown.--

13(1) Whenever the court orders a continuation period as
14provided for irretrievable breakdown in section 3301(d)(2),
15the court shall require up to a maximum of three counseling
16sessions within the time period where either of the parties
17requests it or may require such counseling where the parties
18have at least one child under 16 years of age.

19(2) Notwithstanding paragraph (1), if a party files an
20affidavit along with any other relevant supporting
21documentation with the court evidencing:

22(i) that the party was or is protected by an order
23enforceable under Chapter 61 (relating to protection from
24abuse) in which the other party is the named defendant;
25or

26(ii) that the other party was convicted of or has
27pleaded guilty or no contest to a crime against spouse,

28the court shall not order counseling sessions.

29* * *

30(g) Definition.--As used in this section, the term "crime
 

1against spouse" shall have the same meaning given to it in 
2section 3301(f) (relating to grounds for divorce).

3Section 2. This act shall take effect in 60 days.