Regular Session 2023-2024 House Bill 2303 P.N. 3118

PRINTER'S NO. 3118

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2303

Session of

2024

INTRODUCED BY HOWARD, HANBIDGE, HOHENSTEIN, M. MACKENZIE,

ISAACSON, McNEILL, PROBST, HILL-EVANS, SANCHEZ, CEPEDA-

FREYTIZ, SHUSTERMAN, FLICK, DELLOSO AND OTTEN, MAY 20, 2024

REFERRED TO COMMITTEE ON JUDICIARY, MAY 20, 2024

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in preliminary provisions relating to

divorce, further providing for legislative findings and

intent, for definitions, for bases of jurisdiction, for

effect of agreement between parties and for premarital

agreements; in dissolution of marital status, further

providing for grounds for divorce, repealing provisions

relating to counseling, further providing for grounds for

annulment of voidable marriages, repealing provisions

relating to defenses, to action where defendant suffering

from mental disorder and to general appearance and collusion,

further providing for hearing by master, providing for

general order of divorce proceedings, repealing provisions

relating to jury trial, further providing for decree of court

and repealing provisions relating to opening or vacating

decrees; in property rights, further providing for

definitions and for disposition of property to defeat

obligations; in alimony and support, further providing for

alimony and repealing provisions relating to bar to alimony;

and repealing provisions relating to mediation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3102(a) of Title 23 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3102. Legislative findings and intent.

(a) Policy.--[The family is the basic unit in society and

the protection and preservation of the family is of paramount

public concern. Therefore, it is the policy of the Commonwealth

to:

(1) Make the law for legal dissolution of marriage

effective for dealing with the realities of matrimonial

experience.

(2) Encourage and effect reconciliation and settlement

of differences between spouses, especially where children are

involved.

(3) Give primary consideration to the welfare of the

family rather than the vindication of private rights or the

punishment of matrimonial wrongs.

(4) Mitigate the harm to the spouses and their children

caused by the legal dissolution of the marriage.

(5) Seek causes rather than symptoms of family

disintegration and cooperate with and utilize the resources

available to deal with family problems.

(6) Effectuate economic justice between parties who are

divorced or separated and grant or withhold alimony according

to the actual need and ability to pay of the parties and

insure a fair and just determination and settlement of their

property rights.] It is the policy of the Commonwealth to:

(1) Create a more efficient and just process of marriage

dissolution.

(2) Mitigate the harm to the spouses and their children

caused by the legal dissolution of the marriage.

(3) Effectuate economic justice between parties who are

divorced or separated and grant or withhold alimony according

to the actual need and ability to pay of the parties and

ensure a fair and just determination and settlement of their

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property rights.

* * *

Section 2. The definitions of "qualified professionals" and

"separate and apart" in section 3103 of Title 23 are amended and

the section is amended by adding a definition to read:

§ 3103. Definitions.

The following words and phrases when used in this part shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Economic issue." An issue raised in a divorce proceeding

concerning any item of value, including tangible and real

property, spousal support, alimony pendente lite, equitable

distribution, alimony, counsel fees, costs or expenses and

insurance policies.

* * *

["Qualified professionals." Includes marriage counselors,

psychologists, psychiatrists, social workers, ministers,

priests, rabbis or other persons who, by virtue of their

training and experience, are able to provide counseling.]

"Separate and apart." Cessation of cohabitation, whether

living in the same residence or not. [In the event a complaint

in divorce is filed and served, it shall be presumed that the

parties commenced to live separate and apart not later than the

date that the complaint was served.]

* * *

Section 3. Sections 3104(a), 3105(a) and (b), 3106 and 3301

of Title 23 are amended to read:

§ 3104. Bases of jurisdiction.

(a) Jurisdiction.--The courts shall have original

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jurisdiction in cases of divorce and for the annulment of void

or voidable marriages and shall determine, in conjunction with

any decree granting a divorce or annulment, the following

matters, if raised in the pleadings, and issue appropriate

decrees or orders with reference thereto, and may retain

continuing jurisdiction thereof:

(1) The determination and disposition of property rights

and interests between spouses, including any rights created

by any antenuptial, postnuptial or separation agreement and

including the partition of property held as tenants by the

entireties or otherwise and any accounting between them, and

the order of any spousal support, alimony, alimony pendente

lite, counsel fees or costs authorized by law.

[(2) The future care, custody and visitation rights as

to children of the marriage or purported marriage.

(3) Any support or assistance which shall be paid for

the benefit of any children of the marriage or purported

marriage.]

(4) Any property settlement involving any of the matters

set forth in paragraphs (1), (2) and (3) as submitted by the

parties.

(5) Any other matters pertaining to the marriage and

divorce or annulment authorized by law and which fairly and

expeditiously may be determined and disposed of in such

action.

* * *

§ 3105. Effect of agreement between parties.

(a) Enforcement.--A party to an agreement regarding matters

within the jurisdiction of the court under this part[, whether

or not the agreement has been merged or incorporated into the

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decree,] may utilize a remedy or sanction set forth in this part

to enforce the agreement to the same extent as though the

agreement had been an order of the court except as provided to

the contrary in the agreement.

[(b) Certain provisions subject to modification.--A

provision of an agreement regarding child support, visitation or

custody shall be subject to modification by the court upon a

showing of changed circumstances.]

* * *

§ 3106. Premarital agreements.

(a) General rule.--[The burden of proof to set aside a

premarital agreement shall be upon the party alleging the

agreement to be unenforceable. A premarital agreement shall not

be enforceable if the party seeking to set aside the agreement

proves, by clear and convincing evidence, that:

(1) the party did not execute the agreement voluntarily;

(2) the party, before execution of the agreement:

(i) was not provided a fair and reasonable

disclosure of the property or financial obligations of

the other party;

(ii) did not voluntarily and expressly waive, in

writing, any right to disclosure of the property or

financial obligations of the other party beyond the

disclosure provided; and

(iii) did not have an adequate knowledge of the

property or financial obligations of the other party.

(b) Definition.--As used in this section, the term

"premarital agreement" means an agreement between prospective

spouses made in contemplation of marriage and to be effective

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upon marriage.] A premarital agreement shall be enforceable if

an executed copy of the agreement is filed with the register of

wills on or before the date the application for a license to

marry is filed. In the case of marriages formed outside of this

Commonwealth, a premarital agreement shall be presumptively

valid if an executed copy of the agreement is appended to any

pleading filed in a pending Commonwealth action.

(b) Enforceability.--To be enforceable, an executed

premarital agreement shall contain one of the following:

(1) A financial disclosure setting forth the assets held

by each party at the time the agreement was formed and a

representation of each party's reported total income for the

tax year immediately preceding the date of marriage.

(2) An express waiver setting forth the waiving party's

acknowledgment of entitlement to a full disclosure and an

express representation that the disclosure is irrevocably

waived.

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Premarital agreement." An agreement between prospective

spouses made in contemplation of marriage and to be effective

upon marriage.

§ 3301. Grounds for divorce.

[(a) Fault.--The court may grant a divorce to the innocent

and injured spouse whenever it is judged that the other spouse

has:

(1) Committed willful and malicious desertion, and

absence from the habitation of the injured and innocent

spouse, without a reasonable cause, for the period of one or

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more years.

(2) Committed adultery.

(3) By cruel and barbarous treatment, endangered the

life or health of the injured and innocent spouse.

(4) Knowingly entered into a bigamous marriage while a

former marriage is still subsisting.

(5) Been sentenced to imprisonment for a term of two or

more years upon conviction of having committed a crime.

(6) Offered such indignities to the innocent and injured

spouse as to render that spouse's condition intolerable and

life burdensome.

(b) Institutionalization.--The court may grant a divorce

from a spouse upon the ground that insanity or serious mental

disorder has resulted in confinement in a mental institution for

at least 18 months immediately before the commencement of an

action under this part and where there is no reasonable prospect

that the spouse will be discharged from inpatient care during

the 18 months subsequent to the commencement of the action. A

presumption that no prospect of discharge exists shall be

established by a certificate of the superintendent of the

institution to that effect and which includes a supporting

statement of a treating physician.]

(1) The court may grant a divorce [where it is alleged

that the marriage is irretrievably broken and] 90 days [have

elapsed from the date of commencement of an action under this

part and an affidavit has been filed by each of the parties

evidencing that each of the parties consents to the divorce]

after the service of the divorce complaint if each party

filed a written consent with the court.

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(2) The consent of a party [shall be presumed where that

party has been convicted of committing a personal injury

crime against the other party.] to a decree of divorce shall

be presumed if no answer has been filed setting forth all of

the following:

(i) The divorce is contested.

(ii) The economic issues have been filed by the

defendant but are not resolved.

(iii) The one-year separation is contested.

(d) Irretrievable breakdown.--

(1) The court may grant a divorce where a complaint has

been filed alleging that the marriage is irretrievably broken

and an affidavit has been filed alleging that the parties

have lived separate and apart for a period of at least one

year. [and that the marriage is irretrievably broken and the

defendant either:

(i) Does not deny the allegations set forth in the

affidavit.

(ii) Denies one or more of the allegations set forth

in the affidavit but, after notice and hearing, the court

determines that the parties have lived separate and apart

for a period of at least one year and that the marriage

is irretrievably broken.

(2) If a hearing has been held pursuant to paragraph (1)

(ii) and the court determines that there is a reasonable

prospect of reconciliation, then the court shall continue the

matter for a period not less than 90 days nor more than 120

days unless the parties agree to a period in excess of 120

days. During this period, the court shall require counseling

as provided in section 3302 (relating to counseling). If the

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parties have not reconciled at the expiration of the time

period and one party states under oath that the marriage is

irretrievably broken, the court shall determine whether the

marriage is irretrievably broken. If the court determines

that the marriage is irretrievably broken, the court shall

grant the divorce. Otherwise, the court shall deny the

divorce.

(e) No hearing required in certain cases.--If grounds for

divorce alleged in the complaint or counterclaim are established

under subsection (c) or (d), the court shall grant a divorce

without requiring a hearing on any other grounds.]

(2) The court may order divorce proceedings in

accordance with section 3321.1(b) (relating to general order

of divorce proceedings) in circumstances without mutual

consent 30 days after one party files an affidavit alleging

that the parties have lived separate and apart for more than

90 days and one of the following applies:

(i) The other party does not file a written denial

of that allegation within 30 days of receipt of the

affidavit.

(ii) A court determines after a hearing that a one-

year period of separation has elapsed.

Section 4. Section 3302 of Title 23 is repealed:

[§ 3302. Counseling.

(a) Indignities.--Whenever indignities under section 3301(a)

(6) (relating to grounds for divorce) is the ground for divorce,

the court shall require up to a maximum of three counseling

sessions where either of the parties requests it.

(b) Mutual consent.--Whenever mutual consent under section

3301(c) is the ground for divorce, the court shall require up to

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a maximum of three counseling sessions within the 90 days

following the commencement of the action where either of the

parties requests it.

continuation period as provided for irretrievable breakdown in

section 3301(d)(2), the court shall require up to a maximum of

three counseling sessions within the time period where either of

the parties requests it or may require such counseling where the

parties have at least one child under 16 years of age.

(d) Notification of availability of counseling.--Whenever

section 3301(a)(6), (c) or (d) is the ground for divorce, the

court shall, upon the commencement of an action under this part,

notify both parties of the availability of counseling and, upon

request, provide both parties a list of qualified professionals

who provide such services.

(e) Choice of qualified professionals unrestricted.--The

choice of a qualified professional shall be at the option of the

parties, and the professional need not be selected from the list

provided by the court.

(f) Report.--Where the court requires counseling, a report

shall be made by the qualified professional stating that the

parties did or did not attend.

(g) Exception.--Notwithstanding any other provision of law,

in no case may the court require counseling over the objection

of a party that has a protection from abuse order, enforceable

under Chapter 61 (relating to protection from abuse) against the

other party, or where that party was the victim of a personal

injury crime for which the other party was convicted or has

entered into an Accelerated Rehabilitative Disposition program

as a result of conduct for which the other party was a victim.]

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Section 5. Section 3305(a)(5) of Title 23 is amended to

read:

§ 3305. Grounds for annulment of voidable marriages.

(a) General rule.--The marriage of a person shall be deemed

voidable and subject to annulment in the following cases:

* * *

(5) Where one party was induced to enter into the

marriage due to fraud, duress, coercion or force attributable

to the other party [and there has been no subsequent

voluntary cohabitation after knowledge of the fraud or

release from the effects of fraud, duress, coercion or

force].

* * *

Section 6. Sections 3307, 3308 and 3309 of Title 23 are

repealed:

[§ 3307. Defenses.

(a) General rule.--Existing common-law defenses are retained

as to the grounds enumerated in section 3301(a) and (b)

(relating to grounds for divorce). The defenses of condonation,

connivance, collusion, recrimination and provocation are

abolished as to the grounds enumerated in section 3301(c) and

(d).

(b) Adultery.--In an action for divorce on the ground of

adultery, it is a good defense and a perpetual bar against the

action if the defendant alleges and proves, or if it appears in

the evidence, that the plaintiff:

(1) has been guilty of like conduct;

(2) has admitted the defendant into conjugal society or

embraces after the plaintiff knew of the fact;

(3) allowed the defendant's prostitution or received

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hire from it; or

(4) exposed the defendant to lewd company whereby the

defendant became involved in the adultery.

§ 3308. Action where defendant suffering from mental disorder.

If a spouse is insane or suffering from serious mental

disorder, an action may be commenced under this part against

that spouse upon any ground for divorce or annulment.

§ 3309. General appearance and collusion.

The entry of a general appearance by, or in behalf of, a

defendant does not constitute collusion. Collusion shall be

found to exist only where the parties conspired to fabricate

grounds for divorce or annulment, agreed to and did commit

perjury or perpetrated fraud on the court. Negotiation and

discussion of terms of property settlement and other matters

arising by reason of contemplated divorce or annulment do not

constitute collusion.]

Section 7. Section 3321 of Title 23 is amended to read:

§ 3321. [Hearing by master] Appointment of hearing officers.

The court may appoint a [master] hearing officer to hear

testimony on all or some issues[, except issues of custody and

paternity,] and return the record and a transcript of the

testimony together with a report and recommendation as

prescribed by general rules, or a judge of the court in chambers

may appoint a [master] hearing officer to hold a nonrecord

hearing and to make recommendations and return the same to the

court, in which case either party may demand a hearing de novo

before the court.

Section 8. Title 23 is amended by adding a section to read:

§ 3321.1. General order of divorce proceedings.

(a) Written agreements.--If the parties in a divorce

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proceeding have no unresolved economic issues pending or pending

claims have been resolved by written agreement, the district and

municipal courts may receive consents of the parties for

transmission to the court of common pleas for entry of a decree

of divorce under the divorce caption filed with the

prothonotary.

(b) Economic issues.--When economic issues are included in

the divorce action or have been raised by either party in the 90

days following service of the complaint, the court of common

pleas shall conduct a proceeding within 120 days after service

to consider:

(1) Temporary orders to preserve assets.

(2) Discovery necessary to advance the case toward

settlement or trial.

officer to hear testimony on all or some divorce issues, and

return the record and a transcript of the testimony together

with a report and recommendation as prescribed by general rules,

or a judge of the court may appoint a hearing officer to hold a

nonrecord hearing and to make recommendations and return the

same to the court, in which case either party may demand a

hearing de novo before the court.

Section 9. Section 3322 of Title 23 is repealed:

[§ 3322. Jury trial.

(a) Application for jury trial.--After service of the

complaint in divorce or annulment on the defendant in the manner

prescribed by general rules or entry of a general appearance for

the defendant, if either of the parties desires any matter of

fact that is affirmed by one and denied by the other to be tried

by a jury, that party may take a rule upon the opposite party,

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to be allowed by a judge of the court, to show cause why the

issues of fact set forth in the rule should not be tried by a

jury, which rule shall be served upon the opposite party or

counsel for the opposite party.

(b) Disposition of application.--Upon the return of the

rule, after hearing, the court may discharge it, make it

absolute or frame issues itself. Only the issues ordered by the

court shall be tried. The rule shall not be made absolute when,

in the opinion of the court, a trial by jury cannot be had

without prejudice to the public morals.]

Section 10. Section 3323(a) and (b) of Title 23 are amended

to read:

§ 3323. Decree of court.

(a) General rule.--In all matrimonial causes, the court may

[either dismiss the complaint or] enter a decree of divorce or

annulment of the marriage upon the resolution of all economic

issues raised by the court or the agreement of the parties.

(b) Contents of decree.--A decree granting a divorce or an

annulment shall include, after a full hearing, where these

matters are raised in any pleadings, an order determining and

disposing of existing property rights and interests between the

parties, [custody, partial custody and visitation rights, child

support,] alimony, reasonable attorney fees, costs and expenses

and any other related matters, including the enforcement of

agreements voluntarily entered into between the parties and

accompanied by the information required under subsection (b.1).

In the enforcement of the rights of any party to any of these

matters, the court shall have all necessary powers, including,

but not limited to, the power of contempt and the power to

attach wages.

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* * *

Section 11. Section 3332 of Title 23 is repealed:

[§ 3332. Opening or vacating decrees.

A motion to open a decree of divorce or annulment may be made

only within the period limited by 42 Pa.C.S. § 5505 (relating to

modification of orders) and not thereafter. The motion may lie

where it is alleged that the decree was procured by intrinsic

fraud or that there is new evidence relating to the cause of

action which will sustain the attack upon its validity. A motion

to vacate a decree or strike a judgment alleged to be void

because of extrinsic fraud, lack of jurisdiction over the

subject matter or a fatal defect apparent upon the face of the

record must be made within five years after entry of the final

decree. Intrinsic fraud relates to a matter adjudicated by the

judgment, including perjury and false testimony, whereas

extrinsic fraud relates to matters collateral to the judgment

which have the consequence of precluding a fair hearing or

presentation of one side of the case.]

Section 12. Sections 3501(a), 3505(d) and 3701(b)(13) of

Title 23 are amended to read:

§ 3501. Definitions.

(a) General rule.--As used in this chapter, "marital

property" means all property acquired by either party during the

marriage and the increase in value of any nonmarital property

acquired pursuant to paragraphs (1) and (3) as measured and

determined under subsection (a.1). However, marital property

does not include:

(1) Property acquired prior to marriage or property

acquired in exchange for property acquired prior to the

marriage.

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(2) Property excluded by valid agreement of the parties

entered into before, during or after the marriage. To be a

valid agreement for the purpose of this paragraph, the

agreement shall conform to the requirements of section 3106

(relating to premarital agreements).

(3) Property acquired by gift, except between spouses,

bequest, devise or descent or property acquired in exchange

for such property.

(4) Property acquired after final separation until the

date of divorce, except for property acquired in exchange for

marital assets.

(5) [Property which a party] Marital property that one

spouse has sold, granted, conveyed or otherwise disposed of

in good faith, [and] for reasonable value and with the

knowledge of both spouses prior to the date of final

separation.

(6) [Veterans'] Social security and veterans' benefits

exempt from attachment, levy or seizure pursuant to the act

of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as

amended, except for those benefits received by a veteran

where the veteran has waived a portion of his military

retirement pay in order to receive veterans' compensation.

(7) Property to the extent to which the property has

been mortgaged or otherwise encumbered in good faith for

value prior to the date of final separation with the

knowledge of both spouses.

(8) Any payment received as a result of an award or

settlement for any cause of action or claim which accrued

prior to the marriage or after the date of final separation

regardless of when the payment was received.

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* * *

§ 3505. Disposition of property to defeat obligations.

* * *

(d) Constructive trust for undisclosed assets.--If a party

fails to disclose information required by general rule of the

Supreme Court and in consequence thereof an asset or assets with

a fair market value of $1,000 or more is omitted from the final

distribution of property, the party aggrieved by the

nondisclosure may at any time petition the court granting the

award to declare the creation of a constructive trust as to all

undisclosed assets for the benefit of the parties [and their

minor or dependent children, if any]. The party in whose name

the assets are held shall be declared the constructive trustee

unless the court designates a different trustee, and the trust

may include any terms and conditions the court may determine.

The court shall grant the petition upon a finding of a failure

to disclose the assets as required by general rule of the

Supreme Court.

* * *

§ 3701. Alimony.

* * *

(b) Factors relevant.--In determining whether alimony is

necessary and in determining the nature, amount, duration and

manner of payment of alimony, the court shall consider all

relevant factors, including:

* * *

(13) The relative needs of the parties with

consideration to any cohabitation arrangements in place at

the time alimony is due and payable.

* * *

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Section 13. Section 3706 and Chapter 39 of Title 23 are

repealed:

[§ 3706. Bar to alimony.

No petitioner is entitled to receive an award of alimony

where the petitioner, subsequent to the divorce pursuant to

which alimony is being sought, has entered into cohabitation

with a person of the opposite sex who is not a member of the

family of the petitioner within the degrees of consanguinity.

CHAPTER 39

MEDIATION

Sec.

3901. Mediation programs.

3902. Fees and costs.

3903. Review of programs.

3904. Existing programs.

§ 3901. Mediation programs.

(a) Establishment.--A court may establish a mediation

program for actions brought under this part or Chapter 53

(relating to custody).

(b) Issues subject to mediation.--When a program has been

established pursuant to subsection (a), the court may order the

parties to attend an orientation session to explain the

mediation process. Thereafter, should the parties consent to

mediation, the court may order them to mediate such issues as it

may specify.

(1) The court shall adopt local rules for the

administration of the mediation program to include rules

regarding qualifications of mediators, confidentiality and

any other matter deemed appropriate by the court.

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(2) The court shall not order an orientation session or

mediation in a case where either party or child of either

party is or has been a subject of domestic violence or child

abuse at any time during the pendency of an action under this

part or within 24 months preceding the filing of any action

under this part.

(d) Model guidelines.--The Supreme Court shall develop model

guidelines for implementation of this section and shall consult

with experts on mediation and domestic violence in this

Commonwealth in the development thereof. The effective date of

this chapter shall not be delayed by virtue of this subsection.

§ 3902. Fees and costs.

(a) Imposition of fee.--A county in which the court has

established a mediation program may impose an additional filing

fee of up to $20 on divorce and custody complaints to be used to

fund the mediation program.

(b) Assessment of additional costs.--The court may assess

additional costs of mediation on either party.

§ 3903. Review of programs.

The Supreme Court shall monitor mediation programs

established by courts of common pleas. The Supreme Court shall

establish procedures for the evaluation of the effectiveness of

the program.

§ 3904. Existing programs.

This chapter shall not affect any existing mediation program

established in any judicial district pursuant to local rule.]

Section 14. This act shall take effect in 60 days.

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