reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.6 - Joinder of Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) If the court learns from the pleadings or
				any other source that a parent whose parental rights have not been previously
				terminated or a person who has physical custody of the child is not a party to
				the action, it shall order that the person be joined as a party. Such person
				shall be served with a copy of all prior pleadings and notice of the joinder
				substantially in the form prescribed by Rule 1915.16(a).
(2) The person joined must file any objection
				to the order of joinder within twenty days after notice of the order.
(3) The person joined may file a counterclaim
				asserting a right to physical or legal custody in the form required for a
				complaint by Rule
				1915.3. A copy of the
				counterclaim shall be served upon all other parties to the action as provided
				by Rule 440.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.7 - Consent Order

Current through Register Vol. 54, No. 28, July 13, 2024
If the parties have an agreement regarding custody and
				  request that the court enter a consent order incorporating the agreement's
				  terms:
(a) the parties shall submit to
				the court a proposed custody order bearing the parties' written consent;
				or
(b) the parties may state the
				agreement on the record, provided that:
(1)
				within ten days of placing the agreement on the record, the parties comply with
				subdivision (a); or
(2) the court
				memorializes the oral agreement from the record into a written custody
				order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.8 - Physical and Mental Examination of Persons

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court may order the child(ren) and/or
				any party to submit to and fully participate in an evaluation by an appropriate
				expert or experts. The order, which shall be substantially in the form set
				forth in Rule
				1915.18, may be made upon the
				court's own motion, upon the motion of a party with reasonable notice to the
				person to be examined, or by agreement of the parties. The order shall specify
				the place, manner, conditions and scope of the examination and the person or
				persons by whom it shall be made and to whom distributed. In entering an order
				directing an evaluation pursuant to this rule, the court shall consider all
				appropriate factors including the following, if applicable:
(1) The allocation of the costs, including
				insurance coverage, if any, attendant to the undertaking of the evaluation and
				preparation of the resultant report and court testimony of any appointed
				expert;
(2) The execution of
				appropriate authorizations and/or consents to facilitate the
				examination;
(3) any deadlines
				imposed regarding the completion of the examination and payment of
				costs;
(4) The production of any
				report and of underlying data to counsel and/or any unrepresented party upon
				the completion of the examination; and
(5) any additional safeguards that are deemed
				appropriate as a result of the alleged presence of domestic violence and/or
				child abuse.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.10 - Decision. Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court
				may make the decision before the testimony has been transcribed. The court
				shall state the reasons for its decision on the record in open court or in a
				written opinion or order.
(b) The
				court shall enter a custody order as a separate written order or in a separate
				section of a written opinion.
(1) The court's
				order shall state sufficiently specific terms to enforce the order.
(2) If the court has made a finding that a
				party or child is at risk of harm, the court's order shall include safety
				provisions for the endangered party's or child's protection.
(3) The court may order that the case caption
				use the parties' initials rather than the parties' names based on the sensitive
				nature of the facts in the case record and the child's best interest.
(4) When drafting a written
				opinion or order in an action having the parties' initials in the case caption,
				the court shall:
(i) avoid using specific
				identifiers for people, places, or things that may indirectly reveal the
				child's identity; and
(ii) use
				generalized identifiers when describing a child's school, activities,
				affiliated organizations, or other similar terms.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.11 - Appointing Child's Attorney. Child Interview. Child Attending Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appointing Child's Attorney.
(1) Upon its own motion or a party's motion,
				the court may appoint an attorney to represent a child who is the subject of
				the action.
(2) The court's order
				appointing the child's attorney, as provided in Pa.R.Civ.P. 1915.19, may
				apportion to the parties the reasonable cost of the child's attorney.
(3) The child's attorney:
(i) shall represent the child's legal
				interest;
(ii) shall zealously
				represent the child as any other client in an attorney-client relationship;
				and
(iii) shall not act as the
				child's guardian
ad litem
or best interest attorney as
				provided in Pa.R.Civ.P. 1915.11-2.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.11-2 - Guardian Ad Litem

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appointment.
(1) On its own
				motion or a party's motion, the court may appoint a guardian
ad
				litem
if the court finds that the appointment is necessary for
				determining the child's best interest.
(2) As set forth in Pa.R.Civ.P. 1915.21, the
				court's order appointing the guardian
ad litem
may apportion
				to the parties the reasonable cost of the guardian
ad
				litem
.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.12 - Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A petition
				for civil contempt shall begin with a notice and order to appear in
				substantially the following form:
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(b)
				The petition shall allege the facts which constitute wilful failure to comply
				with the custody, partial custody or visitation order, a copy of which shall be
				attached to the petition.
(c) The
				petition shall be in substantially the following form:
(Caption)
PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER
The Petition of ____ , respectfully represents:
1. That on ____ , Judge ____ entered an Order
				awarding (Petitioner) (Respondent) (shared legal custody) (sole legal custody)
				(partial physical custody) (primary physical custody) (shared physical custody)
				(sole physical custody) (supervised physical custody) of the minor child(ren)
_____________________________________
_____________________________________
(Name(s) of Child(ren))
A true and correct copy of the order is attached to this
				  petition.
2. Respondent has
				willfully failed to abide by the order in that ______
______________________________
______________________________
______________________________
______________________________
3. Petitioner has attached the Criminal
				Record/Abuse History Verification form required pursuant to Pa.R.C.P. No.
				1915.3-2.
WHEREFORE, Petitioner requests that Respondent be held in
				  contempt of court.
_____________________________________
(Attorney for Petitioner) (Petitioner)
I verify that the statements made in this petition are true
				  and correct. I understand that false statements herein are made subject to the
				  penalties of
				  18 Pa.C.S. §
												4904
				  relating to unsworn falsification to authorities.
____________
_____________
Date
Petitioner
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.13 - Special Relief

Current through Register Vol. 54, No. 28, July 13, 2024
At any time after commencement of the action, the court may
				  on application or its own motion grant appropriate interim or special relief.
				  The relief may include, but is not limited to, the award of temporary legal or
				  physical custody; the issuance of appropriate process directing that a child or
				  a party or person having physical custody of a child be brought before the
				  court; and a direction that a person post security to appear with the child
				  when directed by the court or to comply with any order of the court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.14 - Disobedience of Order. Arrest. Contempt

Current through Register Vol. 54, No. 28, July 13, 2024
If a person disobeys an order of court other than a custody
				  order, the court may issue a bench warrant for the arrest of the person and if
				  the disobedience is willful may, after hearing, adjudge the person to be in
				  contempt.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.17 - Relocation. Notice and Counter-Affidavit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party proposing to change the residence
				of a child which significantly impairs the ability of a non-relocating party to
				exercise custodial rights must notify every other person who has custodial
				rights to the child and provide a counter-affidavit by which a person may agree
				or object. The form of the notice and counter-affidavit are set forth in
				subdivisions (i) and (j) below. The notice shall be sent by certified mail,
				return receipt requested, addressee only or pursuant to Pa.R.C.P No. 1930.4, no
				later than the sixtieth day before the date of the proposed change of residence
				or other time frame set forth in
				23 Pa.C.S. §
										5337(c)(2).
(b) If the other party objects to the
				proposed change in the child's residence, that party must serve the
				counter-affidavit on the party proposing the change by certified mail, return
				receipt requested, addressee only, or pursuant to Pa.R.C.P. No. 1930.4 within
				30 days of receipt of the notice required in subdivision (a) above. If there is
				an existing child custody case, the objecting party also shall file the
				counter-affidavit with the court.
(c) If no objection to a proposed change of a
				child's residence is timely served after notice, the proposing party may change
				the residence of the child and such shall not be considered a "relocation"
				under statute or rule.
(d) The
				procedure in any relocation case shall be expedited. There shall be no
				requirement for parenting education or mediation prior to an expedited hearing
				before a judge.
(e) If the party
				proposing the relocation seeks an order of court, has served a notice of
				proposed relocation as required by
				23 Pa.C.S. §
										5337,
				has not received notice of objection to the move and seeks confirmation of
				relocation, the party proposing the relocation shall file:
(1) a complaint for custody and petition to
				confirm relocation, when no custody case exists, or
(2) a petition to confirm relocation when
				there is an existing custody case and
(3) a proposed order including the
				information set forth at
				23 Pa.C.S. §
											5337(c)(3).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.19 - Form of Order Appointing Counsel for the Child

Current through Register Vol. 54, No. 28, July 13, 2024
The order appointing an attorney to represent a child in a
				  child custody action pursuant to Rule
				  1915.11 shall be in substantially
				  the following form:
(Caption)
ORDER OF COURT
AND NOW, THIS ___ day of ____________ , 20 ___ , it is hereby
				  ordered as follows:
Pursuant to Pa.R.C.P. No. 1915.11, ____________ is appointed
				  as attorney for the minor child ____________ (D.O.B. ___ ) in connection with
				  the civil proceedings related to the custody of the minor child.
Counsel for the child shall zealously represent the legal
				  interests of the child as any other client in an attorney-client relationship
				  and shall not act as the child's guardian ad litem or best interests attorney.
				  The child's attorney shall not be called to testify and communications between
				  the child's attorney and the child shall be privileged, consistent with the
				  attorney-client relationship.
It is ordered and decreed that all relevant schools, police
				  departments, hospitals and social service agencies, including home and school
				  agencies who have records, reports and/or information pertaining to the child
				  relevant to the custody of the child, shall allow the child's attorney access
				  to all files and records in its possession, custody or control and shall
				  cooperate in responding to all relevant inquires. These files/records may
				  include but are not limited to medical, psychological or psychiatric charts
				  including evaluations and progress notes and records, X-rays, photographs,
				  tests, test evaluations, intake and discharge summaries, police records, and
				  school records including report cards, educational assessments and educational
				  plans, relevant to this custody dispute and/or relevant to any special needs or
				  requirements of the child. The child's attorney shall have the right to copy
				  any part of the files and records maintained in connection with the
				  child.
It is further ordered and decreed that the child's attorney
				  shall be permitted to see and speak with the child, and family, medical and/or
				  social service providers connected with this case, and take all steps
				  appropriate to and consistent with this order.
The fees for the child's attorney shall be paid as follows:
				  ______________________________________
______________________________________
This appointment shall terminate upon the entry of a final
				  order resolving the petition pending as of the date of this order or as
				  provided in subsequent order of court.
BY THE COURT:
______________________________________
J.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.21 - Form of Order Appointing Guardian Ad Litem

Current through Register Vol. 54, No. 28, July 13, 2024
The order appointing a guardian
ad litem
in
				  a child custody action pursuant to Rule
				  1915.11 -2 shall be in
				  substantially the following form:
(Caption)
ORDER OF COURT
AND NOW, THIS_______ day of _______, 20 ____, it is hereby
				  ordered as follows:
Pursuant to Pa.R.civ.P. No. 1915.11-2, is appointed as
				  guardian
ad litem
for the minor child (D.O.B. ) in connection
				  with the civil proceedings related to the custody of the minor child.
The child's guardian
ad litem
shall
				  represent the best interests of the child. The guardian
ad
				  litem
shall not act as the child's attorney or represent the child's
				  legal interests.
It is ordered and decreed that all relevant schools, police
				  departments, hospitals and social service agencies including home and school
				  agencies who have records, reports and/or information pertaining to the child
				  relevant to the custody of the child, shall allow the guardian
ad
				  litem
access to all files and records in its possession, custody or
				  control and shall cooperate in responding to all relevant inquires. These
				  files/records may include but are not limited to medical, psychological or
				  psychiatric charts including evaluations and progress notes and records,
				  X-rays, photographs, tests, test evaluations, intake and discharge summaries,
				  police records, and school records including report cards, educational
				  assessments and educational plans, relevant to this custody dispute and/or
				  relevant to any special needs or requirements of the child. The guardian
ad litem
shall have the right to copy any part of the files
				  and records maintained in connection with the child.
It is further ordered and decreed that the guardian
ad litem
shall be permitted to see and speak with the child,
				  and family, medical and/or social service providers connected with this case,
				  and take all steps appropriate to and consonant with this order.
The guardian
ad litem
shall provide copies
				  of any reports prepared by the guardian
ad litem
to each
				  party, or to their counsel, and to the court when filed but not later than 20
				  days prior to a hearing or trial or as otherwise ordered by the court.
The guardian
ad litem
shall attend all
				  proceedings and be prepared to testify. The guardian
ad litem
shall be subject to cross-examination in accordance with pa.r.civ.p.
				  1915.11-2(e)(2) if called to testify.
The fees for the guardian
ad litem
shall be
				  paid as follows:
______________________________________
______________________________________
This appointment shall terminate upon the entry of a final
				  order resolving the petition pending as of the date of this order or as
				  provided in subsequent order of court.
BY THE COURT:
_______________ J.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.22 - Form of Order Appointing Parenting Coordinator

Current through Register Vol. 54, No. 28, July 13, 2024
The order appointing a parenting coordinator pursuant to
				  Pa.R.C.P. No. 1915.11-1 shall be in substantially the following form:
(Caption)
ORDER OF COURT AND NOW, this_______ day of ______ , 20 ___,
				  it is hereby ordered as follows:
1.
				APPOINTMENT AND TERM:
Pursuant to Pa.R.C.P. No. 1915.11-1, ___________is appointed
				  as the parties' parenting coordinator for a term of months (not exceeding 12
				  months).
Legal counsel for ,or either party, if unrepresented, shall
				  provide copies of all orders, pleadings and custody evaluations in this case to
				  the parenting coordinator within ten (10) days of the date of this
				  order.
2. ROLE OF THE
				PARENTING COORDINATOR:
(a) The parenting
				coordinator shall attempt to resolve issues arising out of the custody order by
				facilitating an agreement between the parties and, if unable to reach an
				agreement, recommend a resolution to the court.
(b) The parenting coordinator shall not
				function as the attorney, advocate, counselor, or psychotherapist for the
				parties, the parties' child(ren), or family. However, the parenting coordinator
				is permitted and encouraged to facilitate communication and agreement between
				the parties when conflicts arise and shall always act in a manner conducive to
				the best interests of the child(ren).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.23 - Form of the Summary and Recommendation of the Parenting Coordinator

Current through Register Vol. 54, No. 28, July 13, 2024
The recommendation of the parenting coordinator shall be in
				  writing and shall be in substantially the following form:
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Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.24 - Acts of Assembly Not Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The following Acts or parts of Acts of Assembly shall not be
				  deemed suspended or affected:
(1)
				Chapter 63 of the Judicial Code,
				42 Pa.C.S. §
										6301 et
				seq., known as the Juvenile Act;
(2) Section 5341 et seq. of the Domestic
				Relations Code,
				23 Pa.C.S. §
										5341 et
				seq., known as the Uniform Child Custody Jurisdiction Act, except to the extent
				suspended by Rule
				1915.25 governing Suspension of
				Acts of Assembly;
(3) The Act of
				December 19, 1990, No. 206,
				23 Pa.C.S. §
										6301 et
				seq., known as the Child Protective Services Law;
(4) The Act of October 7, 1976, No. 218, as
				amended,
				23 Pa.C.S. §
										6101 et
				seq., known as the Protection from Abuse Act; and
(5) Chapter 53, Subchapter A of Title 23 of
				the
Consolidated Statutes
,
				23 Pa.C.S. §
										5301 et
				seq., setting forth general custody provisions.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.25 - Suspension of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
Section 5351 of the Domestic Relations Code,
				  23 Pa.C.S. §
										5351, of
				  the Uniform Child Custody Jurisdiction Act, relating to additional parties, is
				  suspended insofar as it provides for the joinder of a person not a party who
				  claims to have custody or visitation rights with respect to the child.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.1 - Definitions. Conformity to Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this chapter:
"action," an action of divorce or an action for annulment of
				  marriage, which may include the ancillary claims that may be joined with the
				  action of divorce or for annulment under the Divorce Code, except as otherwise
				  provided in these rules;
"custody," includes partial custody;
"divorce," divorce from the bonds of matrimony or dissolution
				  of a civil union;
"hearing officer," shall have the same meaning as "master" as
				  that term is used in the Divorce Code,
				  23 Pa.C.S. §§
											3101
et seq
.
"marital property rights" means those rights created solely
				  by Section 3501 of the Divorce Code; and
"nonmarital property rights" means all property rights other
				  than marital property rights.
(b) Except as otherwise provided in this
				chapter, the procedure in the action shall be in accordance with the rules
				relating to a civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.2 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The action,
				except a claim for custody, may be brought only in the county
(1) in which the plaintiff or the defendant
				resides, or
(2) upon which the
				parties have agreed
(i) in a writing which
				shall be attached to the complaint, or
(ii) by participating in the
				proceeding.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.4 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Service of
				original process and proof of service in an action pursuant to this chapter
				shall be in accordance with Rule
				1930.4.
(b) Service of the complaint in the manner
				provided by Rule
				1930.4 shall constitute service
				of process with respect to any claim which may under the Divorce Code be joined
				with an action of divorce or for annulment.
(c) In an action under Section 3301(d) of the
				Divorce Code, if no appearance has been entered and plaintiff avers that
				defendant cannot be located after diligent search, the court may waive service
				of the affidavit.
(d) The defendant
				may accept service of the compliant as provided by Rule
				1930.4. Acceptance of service
				shall not be deemed collusive.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.6 - Multiple Actions. Priority. Stay

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				If, within ninety days of service of the complaint, a second action is brought
				in another county and one of the two counties is the county in which the last
				family domicile was located and in which one of the parties continues to
				reside, the court of the county of the last family domicile shall determine,
				based upon the purposes of the Divorce Code, which of the two actions shall be
				stayed and which shall proceed. If neither action was brought in the county of
				the last family domicile and in which one of the parties continues to reside,
				the court in which the first action was brought shall make the
				determination.
(b) If a second
				action is brought in another county more than ninety days after service of the
				complaint in the first action, the second action shall be stayed until the
				conclusion of the first action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.11 - Pleadings Allowed

Current through Register Vol. 54, No. 28, July 13, 2024
The pleadings in an action shall be limited to those
				  authorized by Rule 1017, a bill of particulars, a petition authorized by the
				  Divorce Code and an answer thereto.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.12 - Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				provided by subdivision (b), the plaintiff shall set forth in the complaint as
				to the cause of action of divorce or for annulment
(1) The names of the plaintiff and defendant
				and, if either party is a minor or incompetent, a statement to that effect and
				the name and address of such party's guardian, if any;
(2) The residence of the plaintiff;
(3) The last known residence and present
				whereabouts of the defendant, or that the plaintiff has no knowledge thereof,
				and in that case the names and addresses of near relatives and other persons
				who would be likely to know the present residence and whereabouts of the
				defendant;
(4) an averment that the
				plaintiff, defendant or both have resided in the Commonwealth for at least six
				months immediately previous to the commencement of the action;
(5) The date and place of marriage;
(6) The ground on which the action is based,
				stated substantially in the language of the Divorce Code;
(7) whether there has been any prior action
				of divorce or for annulment of marriage between the parties in this or any
				other jurisdiction and if so the caption, court, term and number thereof, the
				date commenced, the grounds therefor and the present status if pending or the
				final disposition thereof;
(8) in
				an action under Section 3301(a)(6), 3301(c) or 3301(d) of the Divorce Code, an
				averment that the plaintiff has been advised of the availability of counseling
				and that the plaintiff may have the right to request that the court require the
				parties to participate in counseling; and
(9) a prayer for relief.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.13 - Pleading More Than One Cause of Action. Alternative Pleading

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The plaintiff
				may state in the complaint one or more grounds for divorce and may join in the
				alternative a cause of action for annulment.
(b) Except as otherwise provided in these
				rules, the plaintiff may:
(1) join as
				separate counts in the complaint the ancillary claims that may be joined with
				an action of divorce or for annulment under the Divorce Code;
(2) amend the complaint to include the
				ancillary claims;
(3) file to the
				same term and number a separate supplemental complaint or complaints limited to
				the ancillary claims; or
(4) file
				to the same term and number a subsequent petition raising the ancillary
				claims.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.14 - Answer. Denial. Affidavit under Section 3301(d) of the Divorce Code

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The averments
				in the complaint as to the divorce or annulment, ancillary claims that may be
				joined under the Divorce Code, and petitions for special relief under these
				rules shall be deemed denied unless admitted by an answer. Notwithstanding the
				foregoing, the court may require a response to a petition for special
				relief.
(b) The averments of the
				Affidavit under Section 3301(d) of the Divorce Code and the Affidavit to
				Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code
				shall be deemed admitted unless denied by counter-affidavit.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.15 - Counterclaim. Subsequent Petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The defendant may state a cause of action
				of divorce or for annulment in an answer under the heading
				"Counterclaim".
(b) Except as
				otherwise provided in these rules, the defendant may:
(1) join as separate counts in the
				counterclaim the ancillary claims that may be joined with an action of divorce
				or for annulment under the Divorce Code; or
(2) file to the same term and number a
				subsequent petition raising the ancillary claims that may be joined with an
				action of divorce or for annulment under the Divorce Code.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.16 - Severance of Actions and Claims

Current through Register Vol. 54, No. 28, July 13, 2024
The court, in furtherance of convenience or to avoid
				  prejudice, may on its own motion or on motion of any party order a separate
				  trial of any cause of action or claim or of any number of causes of action or
				  claims.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.17 - Withdrawing Complaint and Discontinuing Divorce Action. Withdrawing Ancillary Claims Raised in Pleading Notice. Death of Party

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Withdrawing Complaint and
				Discontinuing Divorce Action
. A plaintiff may withdraw a divorce
				complaint and discontinue the divorce action by:
(1) a motion, except as provided in
				subdivision (a)(2), which has been served on the defendant; or
(2) a
praecipe
, which
				includes the plaintiff's certification that:
(i) neither equitable division of marital
				property nor custody claims are pending;
(ii) the defendant has filed neither a
				counterclaim nor a separate petition raising claims; and
(iii) the parties have not established
				grounds for divorce.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.21 - Bill of Particulars in Divorce or Annulment. Non Pros

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The prothonotary on praecipe filed within
				such time as not to delay the trial shall enter a rule as of course upon the
				party seeking a divorce under Section 3301(a) or (b) of the Divorce Code or an
				annulment to file a bill of particulars as to such cause of action.
(b) If a bill of particulars is not filed
				within twenty days after service of the rule or within such further time as the
				court may allow, the prothonotary upon praecipe shall enter a judgment of non
				pros against the defaulting party with respect to the cause of action for
				divorce under Section 3301(a) or (b) of the Divorce Code, or the cause of
				action for annulment.
(c) No answer
				to a bill of particulars is required.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.31 - Joinder of Related Claims. Ancillary Claims. Alimony. Counsel Fees. Costs and Expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) If a party has raised a claim for
				alimony, counsel fees, or costs and expenses, the parties shall file a true
				copy of the most recent federal income tax return, pay stubs for the preceding
				six months, a completed Income Statement in the form required by Pa.R.C.P. No.
				1910.27(c)(1), and a completed Expense Statement in the form required by
				Pa.R.C.P. No. 1910.27(c)(2)(B). A party may not file a motion for the
				appointment of a master or a request for court action regarding alimony,
				counsel fees, or costs and expenses until at least 30 days following the filing
				of that party's tax returns, Income Statement, and Expense Statement. The other
				party shall file the tax returns, Income Statement, and Expense Statement
				within 20 days of service of the moving party's documents.
(2) A divorce complaint shall not include
				claims for child support, spousal support, and alimony
pendente
				lite
. Instead, claims for child support, spousal support, and alimony
pendente lite
shall be raised in the domestic relations
				section by filing a complaint pursuant to Pa.R.C.P. No. 1910.4.
(3) If a party fails to file the documents as
				required by subdivision (a)(1), the court on motion may make an appropriate
				order under Pa.R.C.P. No. 4019 governing sanctions.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.32 - Joinder of Related Claims. Custody. Hearing by Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Claims for custody of children shall be
				heard by the court. The practice and procedure with respect to these claims
				shall follow the practice and procedure governing custody.
(b) The failure to claim custody of minor
				children prior to the entry of a final decree shall not bar subsequent claims
				for custody.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.33 - Joinder of Related Claims. Equitable Division. Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a pleading
				or petition raises a claim for equitable division of marital property under
				Section 3502 of the Divorce Code, the parties shall file and serve on the other
				party an inventory, which shall include the information in subdivisions (1)
				through (3) and shall be substantially in the form set forth in Pa.R.C.P. No.
				1920.75.
(1) Within 20 days of service of the
				moving party's inventory, the non-moving party shall file an
				inventory.
(2) A party may not file
				a motion for the appointment of a master or a request for court action
				regarding equitable division until at least 30 days following the filing of
				that party's inventory.
(3) The
				inventory shall set forth as of the date of separation:
(i) a specific description of the marital
				assets, which either or both parties have a legal or equitable interest,
				individually or jointly with another person, the name of the co-owners, if
				applicable, and the marital liabilities, which either party incurred
				individually or jointly with another person, and the name of any co-debtors, if
				applicable;
(ii) a specific
				description of the assets or liabilities claimed to be non-marital and the
				basis for such claim; and
(iii) the
				estimated value of the marital and non-marital assets and the amount due for
				each marital and non-marital liability.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.34 - Joinder of Parties

Current through Register Vol. 54, No. 28, July 13, 2024
At any stage of an action, the court may order the joinder of
				  any additional person who could have joined or been joined in the action and
				  may stay the proceedings in whole or in part until such person has been joined.
				  The action may proceed although such person has not been made a party if
				  jurisdiction over that person cannot be obtained and that person is not an
				  indispensable party to the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.42 - Obtaining Divorce Decrees under Section 3301(c) or Section 3301(d) of the Divorce Code. Affidavits and Counter-Affidavits. Requirements of the Affidavit of Consent. Ancillary Claims. Orders Approving Grounds for Divorce. Notice of Intention to File the Praecipe to Transmit Record. Praecipe to Transmit Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Obtaining a divorce decree under Section 3301(c)(1) of the Divorce
				Code.
(1) If a party has filed a
				complaint requesting a divorce on the ground of irretrievable breakdown, the
				court shall enter a decree in divorce after:
(i) proof of service of the complaint has
				been filed;
(ii) the parties have
				signed Affidavits of Consent 90 days or more after service of the complaint and
				have filed the affidavits within 30 days of signing, which may only be
				withdrawn by an order of court;
(iii) the ancillary claims under Pa.R.C.P.
				Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims,
				have been resolved by agreement of the parties or order of court, have not been
				raised in the pleadings, or in the case of a bifurcated divorce, the court has
				retained jurisdiction of the ancillary claims;
(iv) the parties have signed and filed
				Waivers of Notice of Intention to File the Praecipe to Transmit Record or,
				alternatively, the party requesting the divorce decree has served on the other
				party a Notice of Intention to File the Praecipe to Transmit Record, which
				included a blank Counter-Affidavit under Section 3301(c)(1) and a copy of the
				proposed Praecipe to Transmit Record that indicated the date and manner of
				service of the Notice of Intention to File the Praecipe to Transmit Record;
				and
(v) the party requesting the
				divorce decree has completed and filed a Praecipe to Transmit Record. If the
				parties have not waived the Notice of Intention to File the Praecipe to
				Transmit Record, the moving party shall wait a minimum of 20 days after service
				of the Notice of Intention to File the Praecipe to Transmit Record before
				filing the Praecipe to Transmit Record.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.43 - Special Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At any time
				after the filing of the complaint, on petition setting forth facts entitling
				the party to relief, the court may, upon such terms and conditions as it deems
				just, including the filing of security:
(1)
				issue preliminary or special injunctions necessary to prevent the removal,
				disposition, alienation or encumbering of real or personal property in
				accordance with Rule 1531(a), (c), (d) and (e); or
(2) order the seizure or attachment of real
				or personal property; or
(3) grant
				other appropriate relief.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.44 - Party Leaving Jurisdiction. Security

Current through Register Vol. 54, No. 28, July 13, 2024
At any stage of the proceeding, upon affidavit that a party
				  is about to leave the jurisdiction, the court may issue appropriate process
				  directing that the party be brought before the court at such time as the court
				  may direct. At that time, the court may direct that the party give security,
				  with one or more sureties, to appear when directed by the court or to comply
				  with any order of court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.45 - Counseling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Divorce
				Code provides for counseling, the parties shall be notified of the availability
				of counseling as prescribed in Pa.R.C.P. Nos. 1920.12(a)(8) and
				1920.71.
(b) The court shall
				maintain in the prothonotary's office a list of qualified professionals that
				provide counseling services, which shall be available to the parties upon
				request.
(c) If the ground for
				divorce is under:
(1) Section 3301(c) of the
				Divorce Code and the court orders counseling as requested by a party, the
				parties must complete counseling within 90 days of the divorce complaint's
				filing; or
(2) Section 3301(d) of
				the Divorce Code and a court orders counseling, the parties must complete
				counseling within 120 days, unless the parties agree to a longer
				period.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.46 - Affidavit of Non-Military Service

Current through Register Vol. 54, No. 28, July 13, 2024
If the defendant fails to appear in the action, the plaintiff
				  shall file an affidavit regarding military service with the motion for
				  appointment of a hearing officer, prior to a trial by the court, or with the
				  plaintiff's affidavit required by Pa.R.C.P. No. 1920.42(b)(1)(ii) and
				  (c)(1)(ii).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.51 - Hearing by the Court. Appointment of Hearing Officer. Notice of Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In an action of
				divorce or annulment:
(1) The court may:
(i) hear the testimony; or
(ii) upon motion of a party or of the court,
				appoint a hearing officer:
(A) before entry of
				the divorce decree to hear the testimony for the ancillary claims of alimony,
				equitable division of marital property, partial physical custody, supervised
				physical custody, counsel fees, and costs and expenses, which are raised in the
				pleadings, and to issue a report and recommendation, provided that grounds for
				divorce under Sections 3301(c) or 3301(d) of the Divorce Code have been
				established and approved by the court as outlined in Pa.R.C.P. No.
				1920.42;
(B) before approving
				grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code for
				the limited purpose of assisting the parties and the court on issues of
				discovery or settlement;
(C) to
				hear the testimony for establishing grounds for divorce under Sections 3301(a)
				or 3301(b) of the Divorce Code or annulment and the ancillary claims, which are
				raised in the pleadings, and to issue a report and recommendation; or
(D) after a party files a counter-affidavit
				denying the averments in the affidavit in an action under Section 3301(c)(2) or
				3301(d) of the Divorce Code, including the date of separation, to hear the
				testimony and to issue a report and recommendation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.52 - Hearing by the Court. Decision. No Post-trial Relief. Decree

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In claims involving:
(1) marital property;
(2) enforcement of marital
				agreements;
(3) alimony;
				or
(4) a contested action of
				divorce or for annulment,
the order of the court shall state the reasons for its
				  decision. A motion for post-trial relief may not be filed to orders with the
				  actions or claims enumerated in this subdivision.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.53 - Hearing by Hearing Officer. Report

Current through Register Vol. 54, No. 28, July 13, 2024
In an action for divorce or annulment that has been referred
				  to a hearing officer, the hearing officer's report and recommendation shall
				  include findings of fact, conclusions of law, and a recommended disposition of
				  the case or issue.
(a) The findings of
				fact shall include, as appropriate for the circumstances and issues before the
				hearing officer:
(1) the method and date of
				service of process;
(2) the manner
				and date of service of the notice of the hearing officer's hearing or the
				hearing officer's efforts to notify the parties;
(3) the date and place of marriage;
(4) information relating to any prior
				marriage of the parties and proof of dissolution of such prior
				marriage;
(5) the residences of the
				parties at the time of the marriage and subsequent thereto, the actual length
				of time the parties have resided in the Commonwealth, and whether the residence
				requirement of Section 3104(b) of the Divorce Code has been met;
(6) the age and occupation of the
				parties;
(7) the initials and age
				of the children of the parties, if any, and with whom the children
				reside;
(8) the grounds upon which
				the action is based;
(9) defenses
				to the action, if any;
(10) whether
				the court should grant or deny the divorce, annulment, or other relief on the
				basis of the complaint, the counterclaim, if filed, or a motion requesting
				relief; and
(11) other relevant
				facts related to the appointment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.54 - Hearing by Hearing Officer. Report. Related Claims

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If claims for counsel fees and costs and
				expenses have been referred to a hearing officer pursuant to Pa.R.C.P. No.
				1920.51(a), the hearing officer's report shall contain a separate section
				captioned "Counsel Fees and Costs and Expenses." The report may be in a
				narrative form stating the reasons for the recommendation and shall include a
				proposed order stating:
(1) the
				amount;
(2) by and for whom it
				shall be paid; and
(3) the
				effective date of the order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.55-1 - Alternative Hearing Procedures for Matters Referred to a Hearing Officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Matters
				referred to a hearing officer for hearing shall proceed as prescribed by
				Pa.R.C.P. No. 1920.55-2 unless the court by local rule adopts the alternative
				procedure of Pa.R.C.P. No. 1920.55-3.
(b) The president judge or the administrative
				judge of Family Division of each county shall certify that all divorce
				proceedings which are referred to a hearing officer in that county are
				conducted in accordance with either Pa.R.C.P. No. 1920.55-2 or Pa.R.C.P. No.
				1920.55-3. The certification shall be filed with the Domestic Relations
				Procedural Rules Committee and shall be substantially in the following form:
I hereby certify that _____________ County conducts its
				  divorce proceedings that are referred to a master in accordance with Pa.R.C.P.
				  No. ______.
__________________________
(PRESIDENT JUDGE)
(ADMINISTRATIVE JUDGE)