PRINTER'S NO. 3621
No. 2538 Session of 2002
INTRODUCED BY STETLER, BELFANTI, CAPPELLI, FREEMAN, GRUCELA,
HALUSKA, JAMES, LAUGHLIN, PISTELLA, SHANER, STABACK,
E. Z. TAYLOR, THOMAS, WASHINGTON, J. WILLIAMS AND YOUNGBLOOD,
APRIL 9, 2002
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 9, 2002
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further defining "separate and apart"
3 for purposes of divorce; and further providing for grounds
4 for divorce and for counseling.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "separate and apart" in section
8 3103 of Title 23 of the Pennsylvania Consolidated Statutes is
9 amended to read:
10 § 3103. Definitions.
11 The following words and phrases when used in this part shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 * * *
15 "Separate and apart." [Complete cessation] Cessation of [any
16 and all] cohabitation, whether living in the same residence or
17 not. In the event a complaint in divorce is filed and served, it
18 shall be presumed that the parties commenced to live separate
1 and apart not later than the date that the complaint was served.
2 * * *
3 Section 2. Sections 3301(d)(1) and 3302(c) of Title 23 are
4 amended to read:
5 § 3301. Grounds for divorce.
6 * * *
7 (d) Irretrievable breakdown.--
8 (1) The court may grant a divorce where a complaint has
9 been filed alleging that the marriage is irretrievably broken
10 and an affidavit has been filed alleging that the parties
11 have lived separate and apart for a period of at least [two
12 years] one year and that the marriage is irretrievably broken
13 and the defendant either:
14 (i) Does not deny the allegations set forth in the
15 affidavit.
16 (ii) Denies one or more of the allegations set forth
17 in the affidavit but, after notice and hearing, the court
18 determines that the parties have lived separate and apart
19 for a period of at least [two years] one year and that
20 the marriage is irretrievably broken.
21 * * *
22 § 3302. Counseling.
23 * * *
24 (c) Irretrievable breakdown.--Whenever the court orders a
25 continuation period as provided for irretrievable breakdown in
26 section 3301(d)(2), the court shall require [up to a maximum of
27 three counseling sessions within the time period where either of
28 the parties requests it or may require such counseling where the
29 parties have at least one child under 16 years of age] at least
30 two counseling sessions within the time period where the parties
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1 have no children and at least three counseling sessions where
2 the parties have at least one child under 18 years of age.
3 * * *
4 Section 3. This act shall take effect in 60 days.
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