PRINTER'S NO. 440
No. 400 Session of 1989
INTRODUCED BY REBER, KUKOVICH, LASHINGER, BUNT, ITKIN,
E. Z. TAYLOR, MORRIS, CORNELL, PRESTON, ROBINSON, VEON AND
SERAFINI, FEBRUARY 13, 1989
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 1989
AN ACT
1 Amending the act of April 2, 1980 (P.L.63, No.26), entitled "An
2 act consolidating, revising and amending the divorce and
3 annulment laws of the Commonwealth and making certain
4 repeals," further providing for grounds for divorce.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 201(d) of the act of April 2, 1980
8 (P.L.63, No.26), known as the Divorce Code, amended February 12,
9 1988 (P.L.66, No.13), is amended to read:
10 Section 201. Grounds for divorce.
11 * * *
12 (d) (1) It shall be lawful for the court to grant a divorce
13 where a complaint has been filed alleging that the marriage
14 is irretrievably broken and an affidavit has been filed
15 alleging that the parties have lived separate and apart for a
16 period of at least [two years] one year, and that the
17 marriage is irretrievably broken, and:
18 (i) the respondent does not deny the allegations set
1 forth in the affidavit; or
2 (ii) the respondent denies one or more of the
3 allegations set forth in the affidavit, but after notice
4 and hearing, the court determines that the parties have
5 lived separate and apart for a period of at least [two
6 years] one year and that the marriage is irretrievably
7 broken.
8 (2) If a hearing has been held pursuant to paragraph
9 (1)(ii), and the court determines that there is a reasonable
10 prospect of reconciliation, then the court shall continue the
11 matter for a period not less than 90 days nor more than 120
12 days, unless the parties agree to a period in excess of 120
13 days. During such period, the court shall require counseling
14 as provided in section 202. If the parties have not
15 reconciled at the expiration of the time period and one party
16 states under oath that the marriage is irretrievably broken,
17 the court shall determine whether the marriage is
18 irretrievably broken. If the court determines that the
19 marriage is irretrievably broken, the court shall grant the
20 divorce. Otherwise, the court shall deny the divorce.
21 * * *
22 Section 2. The provisions of this act shall apply to all
23 cases, whether the cause for divorce arose prior or subsequent
24 to the enactment of this act.
25 Section 3. This act shall take effect in 60 days.
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