Bisel Logo Pennsylvania Divorce Code Annotated

2020 Edition

AUTHORS: BARBARA B. ZULICK, J.D.
and ARTHUR S. ZANAN, M.L.S., J.D.

Published: December 2019 (2020 Edition)
(Prior Editions: 1980 and 1992 by Perlberger; 2007 - 2019
Most recent supplement/update: N/A
Library of Congress Number: 2006940288
ISBN: 0-9755281-5-7

1 VOLUME, SOFT-COVER, PRICE: $209.00



Important Note: In addition to published court opinions, this publication also contains Non-Precedential Memoranda Opinions. These Memoranda Opinions have taken on a new importance. Beginning with cases dated May 1, 2019 and later, Non-Precedential Memoranda Opinions of the PA Superior Court may be cited for persuasive authority.



This book brings together in one convenient publication the annotated statutes and court rules relating to Pennsylvania divorce. First, it is an annotation of Pennsylvania's Divorce Code and follows the sections of the Code, as it was codified in 1990. Annotations include Author Commentary and analysis, as well as Case Summaries of both Pennsylvania appellate and trial court cases. Second, it sets forth the annotated Pennsylvania court rules regarding actions of divorce or for annulment of marriage, as well as rules relating to Domestic Relations matters generally.

The book is designed to be used as a reference work and a handbook. It is physically suited to fit handily into the practitioner's briefcase and will travel from office, to home and to the courthouse.

It has been three decades since Pennsylvania enacted the "Pennsylvania Divorce Code." In 1988, the legislature passed substantial amendments to the Code. The Code was again amended in January 2005. The legislature continues to work to ensure that the Code reflects the wishes and values of the population and the judiciary to interpret new laws to ensure that the stated goal of economic justice is met.

As the divorce rate in Pennsylvania remains high, many citizens will only experience the judicial system first-hand in the context of their own divorces. As the Commonwealth's population ages, many of these divorcing citizens will participate in the judicial system at later ages when their resilience and resources are perhaps limited. The legislature and the judiciary continue to ensure that these citizens are fairly and thoughtfully treated during this life-changing process. We hope that this book will aid practitioners in that work.

The reader may work with this book in three ways to assure quick access to the subject matter. First, you may access the book through the Table of Contents, which follows the Code, as enacted in Title 23 of the Pennsylvania Consolidated Statutes, and the Pennsylvania court rules. Second, you may consult the detailed Index to locate your topic. Third, you may locate your topic and related discussion and cases through the Table of Cases.

Court rules appearing in this volume are current through October 2017. Statutes are current through Act 2017-54 of the 2017 Regular Session of the Pennsylvania General Assembly. Cases are included through September, 2014.


SUMMARY OF CONTENTS

PREFACE
 
Title 23 DOMESTIC RELATIONS CODE

PART I. GENERAL PROVISIONS
Chapter
1. Preliminary Provisions

PART II. MARRIAGE
11. Preliminary Provisions
13. Marriage License
15. Marriage Ceremony
17. Miscellaneous Provisions Relating to Marriage
19. Abolition of Actions for Alienation of Affections and Breach of Promise to Marry

PART IV. DIVORCE
31. Preliminary Provisions
33. Dissolution of Marital Status
35. Property Rights
37. Alimony and Support
39. Mediation

DIVORCE CODE COURT RULES

ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE
Rules 1920.1 — 1920.92

RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY
Rules 1930.1 — 1931

APPENDIX A. CHECKLIST OF MARITAL PROPERTY
APPENDIX B. FORMS
TABLE OF CASES
INDEX

APPENDIX B
FORMS
 
1. Complaint in Divorce under Section 3301(a)(6)
2. Affidavit of Service of Section 3301(d) Notice
3. Complaint in Divorce with Multiple Counts
4. Answer and New Matter
5. Answer and Counterclaim
6. Sheriff's Order for Service and Return of Service
7. Certificate of Service
8. Entry of Appearance
9. Praecipe and Rule for a Bill of Particulars
10. Bill of Particulars
11. Judgment of Non-Pros
12. Preliminary Objections (Contesting Jurisdiction)
13. Petition to Approve Grounds for Divorce
14. Praecipe to Withdraw Grounds
15. Motion to Amend Caption and Order
16. Certification of Service of Counseling Notice
17. Affidavit of Non-Military Service
18. Master's Report
19. Notice of Filing of Master's Report and Time in Which to File Exceptions
20. Exceptions to Master's Report
21. Waiver of Exceptions' Period
22. Petition for Interim Counsel Fees and Expenses
23. Request for Production of Documents
24. Motion to Compel
25. Motion for Sanctions for Failure to Respond to Written Interrogatories
26. Petition for Creation of Constructive Trust
27. Final Decree
28. Final Decree (Property Settlement)
29. Final Decree (With Domestic Relations Office)
30. Petition for Bifurcation
31. Divorce Decree (With Order Reserving Jurisdiction Over Remaining Issues)
32. Notice of Intention to Retake Maiden Name
33. Petition to Open Divorce Decree
34. Petition to Vacate or Strike Divorce Decree
35. Petition for Special Relief in the Nature of Exclusive Possession

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