PROPOSED: Major Change to Pennsylvania Divorce Law
In Pennsylvania, a no-fault divorce will be granted only when a marriage is “irretrievably broken.” Sometimes both parties agree that the marriage is over. But when they don’t, the Divorce Code requires them to live separate and apart for two (2) continuous years before the law says the marriage is irretrievably broken. With dual income households being the norm, it is often not feasible for one party to simply vacate the home. This means that families are required to live separate lives under the same roof for two (2) years while the economic issues linger. This creates an untenable situation; not only for the parties, but often forces the children to live in a cauldron of arguments, tension, and stress. In the life of a child, two years is an eternity.
Recently, legislation has been proposed which would reduce the amount of time parties must live separate and apart from two (2) years to one (1) year. This is a major change in the divorce law, and will have a significant impact on divorce cases, if adopted.
Practically speaking, if parties have lived apart for a full year, the marriage is over. Reducing the time parties must live apart before an uncontested divorce may be granted would bring Pennsylvania into line with several other states that have a shorter waiting period, and would be much better for the children and families going through this difficult process.
Public hearings on the proposed legislation are expected to take place in Harrisburg in June of this year. The Pennsylvania Bar Association is seeking potential witnesses who have been harmed emotionally or financially during protracted divorce litigation, and who can demonstrate that children have suffered during the process. If anyone has had an experience that was particularly devastating, and are interested in testifying in support of the proposed change, please contact the Law Offices of James W. Flood, P.C., so that we can put you in touch with the appropriate contact.
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Posted on April 24, 2015, in Custody, Divorce, Family Law and tagged Custody, Divorce, Family Law Attorney Montgomey County, Juvenille Lawyer Montgomery County Pa. Bookmark the permalink. Comments Off on PROPOSED: Major Change to Pennsylvania Divorce Law.