§ 3301. Grounds for divorce
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: December 5, 2016
Effective: December 5, 2016
23 Pa.C.S.A. § 3301
§ 3301. Grounds for divorce
(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.
<Section 2 of Act 2016, Oct. 4, P.L. 865, No. 102, provides that the amendment of subsec. (d) by that Act shall apply to periods of living separate and apart that commence after Dec. 5, 2016.>
(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:
(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 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.
Credits
1990, Dec. 19, P.L. 1240, No. 206, § 2, effective in 90 days. Amended 2016, April 21, P.L. 166, No. 24, § 2, effective in 60 days [June 20, 2016]; 2016, Oct. 4, P.L. 865, No. 102, § 1, effective in 60 days [Dec. 5, 2016].
23 Pa.C.S.A. § 3301, PA ST 23 Pa.C.S.A. § 3301
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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