Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE
Rule 1920.42 - Obtaining Divorce Decrees under Section 3301(c) or Section 3301(d) of the Divorce Code. Affidavits and Counter-Affidavits. Requirements of the Affidavit of Consent. Ancillary Claims. Orders Approving Grounds for Divorce. Notice of Intention to File the Praecipe to Transmit Record. Praecipe to Transmit Record
Universal Citation: 231 PA Code ยง 1920.42
Current through Register Vol. 54, No. 38, September 21, 2024
(a) Obtaining a divorce decree under Section 3301(c)(1) of the Divorce Code.
(1) If a party has filed a
complaint requesting a divorce on the ground of irretrievable breakdown, the
court shall enter a decree in divorce after:
(i) proof of service of the complaint has
been filed;
(ii) the parties have
signed Affidavits of Consent 90 days or more after service of the complaint and
have filed the affidavits within 30 days of signing, which may only be
withdrawn by an order of court;
(iii) the ancillary claims under Pa.R.C.P.
Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims,
have been resolved by agreement of the parties or order of court, have not been
raised in the pleadings, or in the case of a bifurcated divorce, the court has
retained jurisdiction of the ancillary claims;
(iv) the parties have signed and filed
Waivers of Notice of Intention to File the Praecipe to Transmit Record or,
alternatively, the party requesting the divorce decree has served on the other
party a Notice of Intention to File the Praecipe to Transmit Record, which
included a blank Counter-Affidavit under Section 3301(c)(1) and a copy of the
proposed Praecipe to Transmit Record that indicated the date and manner of
service of the Notice of Intention to File the Praecipe to Transmit Record;
and
(v) the party requesting the
divorce decree has completed and filed a Praecipe to Transmit Record. If the
parties have not waived the Notice of Intention to File the Praecipe to
Transmit Record, the moving party shall wait a minimum of 20 days after service
of the Notice of Intention to File the Praecipe to Transmit Record before
filing the Praecipe to Transmit Record.
(2) To the extent that grounds for divorce
have been established under Section 3301(c)(1) of the Divorce Code as outlined
in subdivision (a)(1)(ii) and the parties have been unable to resolve the
ancillary claims, the court shall enter an order approving grounds for divorce
after:
(i) the parties have signed and filed
Waivers of Notice of Intention to File the Praecipe to Transmit Record or,
alternatively, the party requesting the order approving grounds has served on
the other party a Notice of Intention to File the Praecipe to Transmit Record,
which included a blank Counter-Affidavit under Section 3301(c)(1) and a copy of
the proposed Praecipe to Transmit Record that indicated the date and manner of
service of the Notice of Intention to File the Praecipe to Transmit Record;
and
(ii) the party requesting the
order approving grounds has completed and filed a Praecipe to Transmit Record
requesting the court enter an order approving grounds for divorce. If the
parties have not waived the Notice of Intention to File the Praecipe to
Transmit Record, the moving party shall wait a minimum of 20 days after service
of the Notice of Intention to File the Praecipe to Transmit Record before
filing the Praecipe to Transmit Record. If the court enters an order approving
grounds for divorce, entry of the divorce decree shall be deferred until the
ancillary claims have been resolved.
(3) After the court enters an order approving
grounds for divorce, a party may request, consistent with the judicial
district's local rules and procedures, that the court either hears the
ancillary claims or appoints a hearing officer to hear the ancillary claims as
outlined in Pa.R.C.P. No. 1920.51.
(4) If the parties resolve the ancillary
claims by agreement after the court approves the grounds for the divorce but
before the court enters an order disposing of the ancillary claims, the parties
shall file a Praecipe to Transmit Record requesting the court enter the
appropriate divorce decree. To the extent the agreement does not address all of
the parties' claims raised in the pleadings, the party raising the outstanding
claims shall withdraw the claims before the court enters a divorce
decree.
(b) Obtaining a divorce decree under Section 3301(c)(2) of the Divorce Code.
(1) If a party has filed a
complaint requesting a divorce on the ground of irretrievable breakdown and a
party has been convicted of a personal injury crime against his or her spouse,
the court shall enter a decree in divorce after:
(i) proof of service of the complaint has
been filed;
(ii) the party who is
the victim of the personal injury crime:
(A)
has signed and filed an Affidavit of Consent consistent with subdivision
(a)(1)(ii); and
(B) has signed and
filed an Affidavit to Establish Presumption of Consent under Section 3301(c)(2)
of the Divorce Code alleging his or her status as a victim of a personal injury
crime and that his or her spouse has been convicted of that crime;
(iii) the filed affidavits and a
blank Counter-Affidavit under Section 3301(c)(2) of the Divorce Code have been
served on the other party consistent with Pa.R.C.P. No. 1930.4, and the other
party has admitted or failed to deny the averments in the Affidavit to
Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code;
(A) If a party files a Counter-Affidavit
under Section 3301(c)(2) of the Divorce Code denying an averment in the
Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the
Divorce Code, either party may present a motion requesting the court resolve
the issue.
(B) After presentation
of the motion in subdivision (A), the court may hear the testimony or,
consistent with Pa.R.C.P. No. 1920.51(a)(1)(ii)(D), appoint a hearing officer
to hear the testimony and to issue a report and recommendation.
(iv) the ancillary claims under
Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the
claims, have been resolved by agreement of the parties or order of court, have
not been raised in the pleadings, or in the case of a bifurcated divorce, the
court has retained jurisdiction of the ancillary claims;
(v) a minimum of 20 days from the date of
service of the affidavits and blank Counter-Affidavit under Section 3301(c)(2)
as set forth in (b)(1)(iii), the party requesting the divorce decree has served
on the other party a Notice of Intention to File the Praecipe to Transmit
Record, which included a copy of the proposed Praecipe to Transmit Record that
indicated the date and manner of service of the Notice of Intention to File the
Praecipe to Transmit Record, except that service of such Notice of Intention is
not required if:
(A) the parties have signed
and filed Waivers of Notice of Intention to File the Praecipe to Transmit
Record; or
(B) the court finds that
an attorney has not entered an appearance on the defendant's behalf and that
the defendant cannot be located after a diligent search; and
(vi) The party requesting the
divorce decree has completed and filed a Praecipe to Transmit Record. If the
parties have not waived the Notice of Intention to File the Praecipe to
Transmit Record, the moving party shall wait a minimum of 20 days after service
of the Notice of Intention to File the Praecipe to Transmit Record before
filing the Praecipe to Transmit Record.
(2) To the extent that grounds for divorce
have been established under Section 3301(c)(2) of the Divorce Code as outlined
in subdivision (b)(1)(ii)-(iii) and the parties have been unable to resolve the
ancillary claims, the court shall enter an order approving grounds for divorce
after:
(i) a minimum of 20 days from the date
of service of the affidavits and blank Counter-Affidavit under Section
3301(c)(2) of the Divorce Code as set forth in (b)(1)(iii), the party
requesting the order approving grounds has served on the other party a Notice
of Intention to File the Praecipe to Transmit Record, which included a copy of
the proposed Praecipe to Transmit Record that indicated the date and manner of
service of the Notice of Intention to File the Praecipe to Transmit Record,
except that service of such Notice of Intention is not required if:
(A) The parties have signed and filed Waivers
of Notice of Intention to File the Praecipe to Transmit Record; or
(B) The court finds that an attorney has not
entered an appearance on the defendant's behalf and that the defendant cannot
be located after a diligent search; and
(ii) the party requesting the order approving
grounds has completed and filed a Praecipe to Transmit Record requesting the
court enter an order approving grounds for divorce. If the parties have not
waived the Notice of Intention to File the Praecipe to Transmit Record, the
moving party shall wait a minimum of 20 days after service of the Notice of
Intention to File the Praecipe to Transmit Record before filing the Praecipe to
Transmit Record. If the court enters an order approving grounds for divorce,
entry of the divorce decree shall be deferred until the ancillary claims have
been resolved.
(3) After
the court enters an order approving grounds for divorce, a party may request,
consistent with the judicial district's local rules and procedures, that the
court either hears the ancillary claims or appoints a hearing officer to hear
the ancillary claims as outlined in Pa.R.C.P. No. 1920.51.
(4) If the parties resolve the ancillary
claims by agreement after the court approves the grounds for the divorce but
before the court enters an order disposing of the ancillary claims, the parties
shall file a Praecipe to Transmit Record requesting the court enter the
appropriate divorce decree. To the extent the agreement does not address all of
the parties' claims raised in the pleadings, the party raising the outstanding
claims shall withdraw the claims before the court enters a divorce decree.
(c) Obtaining a divorce decree under Section 3301(d) of the Divorce Code.
(1) If a party has filed a complaint
requesting a divorce on the ground of irretrievable breakdown and the requisite
separation period has elapsed, the court shall enter a decree in divorce after:
(i) proof of service of the complaint has
been filed;
(ii) a party has signed
and filed an Affidavit under Section 3301(d) of the Divorce Code averring that
the marriage is irretrievably broken and that the parties have been separate
and apart for the required separation period;
(iii) the filed affidavit and a blank
Counter-Affidavit under Section 3301(d) of the Divorce Code have been served on
the other party consistent with Pa.R.C.P. No. 1930.4, and the other party has
admitted or failed to deny the averments in the Affidavit under Section 3301(d)
of the Divorce Code;
(A) If a party files a
Counter-Affidavit under Section 3301(d) of the Divorce Code denying an averment
in the Affidavit under Section 3301(d) of the Divorce Code, including the date
of separation, either party may present a motion requesting the court resolve
the issue.
(B) After presentation
of the motion in subdivision (A), the court may hear the testimony or,
consistent with Pa.R.C.P. No. 1920.51(a)(1)(ii)(D), appoint a hearing officer
to hear the testimony and to issue a report and recommendation.
(iv) the ancillary claims under
Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the
claims, have been resolved by agreement of the parties or order of court, have
not been raised in the pleadings, or in the case of a bifurcated divorce, the
court has retained jurisdiction of the ancillary claims;
(v) a minimum of 20 days from the date of
service of the affidavit and blank Counter-Affidavit under Section 3301(d) of
the Divorce Code as set forth in (c)(1)(iii), the party requesting the divorce
decree has served on the other party a Notice of Intention to File the Praecipe
to Transmit Record, which included a copy of the proposed Praecipe to Transmit
Record that indicated the date and manner of service of the Notice of Intention
to File the Praecipe to Transmit Record, except that service of such Notice of
Intention is not required if:
(A) the parties
have signed and filed Waivers of Notice of Intention to File the Praecipe to
Transmit Record; or
(B) the court
finds that an attorney has not entered an appearance on the defendant's behalf
and that the defendant cannot be located after a diligent search; and
(vi) the party requesting the
divorce decree has completed and filed a Praecipe to Transmit Record. If the
parties have not waived the Notice of Intention to File the Praecipe to
Transmit Record, the moving party shall wait a minimum of 20 days after service
of the Notice of Intention to File the Praecipe to Transmit Record before
filing the Praecipe to Transmit Record.
(2) To the extent that grounds for divorce
have been established under Section 3301(d) of the Divorce Code as outlined in
subdivision (c)(1)(ii)-(iii) and the parties have been unable to resolve the
ancillary claims, the court shall enter an order approving grounds for divorce
after:
(i) a minimum of 20 days from the date
of service of the affidavit and blank Counter-Affidavit under Section 3301(d)
of the Divorce Code as set forth in (c)(1)(iii), the party requesting the order
approving grounds has served on the other party a Notice of Intention to File
the Praecipe to Transmit Record, which included a copy of the proposed Praecipe
to Transmit Record that indicated the date and manner of service of the Notice
of Intention to File the Praecipe to Transmit Record, except that service of
such Notice of Intention is not required if:
(A) the parties have signed and filed Waivers
of Notice of Intention to File the Praecipe to Transmit Record; or
(B) the court finds that an attorney has not
entered an appearance on the defendant's behalf and that the defendant cannot
be located after a diligent search; and
(ii) The party requesting the order approving
grounds has completed and filed a Praecipe to Transmit Record requesting the
court enter an order approving grounds for divorce. If the parties have not
waived the Notice of Intention to File the Praecipe to Transmit Record, the
moving party shall wait a minimum of 20 days after service of the Notice of
Intention to File the Praecipe to Transmit Record before filing the Praecipe to
Transmit Record. If the court enters an order approving grounds for divorce,
entry of the divorce decree shall be deferred until the ancillary claims have
been resolved.
(3) After
the court enters an order approving grounds for divorce, a party may request,
consistent with the judicial district's local rules and procedures, that the
court either hears the ancillary claims or appoints a hearing officer to hear
the ancillary claims as outlined in Pa.R.C.P. No. 1920.51.
(4) If the parties resolve the ancillary
claims by agreement after the court approves the grounds for the divorce but
before the court enters an order disposing of the ancillary claims, the parties
shall file a Praecipe to Transmit Record requesting the court enter the
appropriate divorce decree. To the extent the agreement does not address all of
the parties' claims raised in the pleadings, the party raising the outstanding
claims shall withdraw the claims before the court enters a divorce
decree.
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