Bill Text: PA HB2473 | 2011-2012 | Regular Session | Introduced

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Bill Title: In dissolution of marital status, further providing for grounds for divorce and for counseling.

Spectrum: Moderate Partisan Bill (Democrat 36-8)

Status: (Introduced - Dead) 2012-06-13 - Referred to JUDICIARY [HB2473 Detail]

Download: Pennsylvania-2011-HB2473-Introduced.html

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PRINTER'S NO. 3744
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2473 Session of2012
INTRODUCED BY DERMODY, THOMAS, STABACK, MIRABITO, D. COSTA, FREEMAN, KILLION, SANTARSIERO, BISHOP, STEPHENS, McGEEHAN, B. BOYLE, HORNAMAN, HELM, K. BOYLE, MAHONEY, ROSS, PARKER, BRENNAN, DeLUCA, CARROLL, GEIST, CALTAGIRONE, DEAN, KULA, PRESTON, BROWNLEE, SWANGER, DELOZIER, MUNDY, DAVIDSON, YOUNGBLOOD, WATERS, MANN, JAMES, GIBBONS, FABRIZIO, DEASY, JOSEPHS AND SCHMOTZER, JUNE 13, 2012
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 13, 2012
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in dissolution of marital status,
further providing for grounds for divorce and for counseling.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3301(e) and 3302(c) of Title 23 of the
Pennsylvania Consolidated Statutes are amended and the sections
are amended by adding subsections to read:
§ 3301. Grounds for divorce.
* * *
(b.1) Crime against spouse.--The court may grant a divorce
where it is alleged that the marriage is irretrievably broken
and 90 days have elapsed from the date of commencement of an
action under this part and an affidavit along with any other
relevant supporting documentation has been filed by a party
evidencing that the other party has been convicted of or has
pleaded guilty or no contest to a crime against spouse.
* * *
(e) No hearing required in certain cases.--If grounds for
divorce alleged in the complaint or counterclaim are established
under subsection (b.1), (c) or (d), the court shall grant a
divorce without requiring a hearing on any other grounds.
(f) Definition.--As used in this section, the term "crime
against spouse" shall mean an offense under 18 Pa.C.S. (relating
to crimes and offenses) where the party filing the affidavit was
the victim of the offense.
§ 3302. Counseling.
* * *
(c) Irretrievable breakdown.--
(1) Whenever the court orders a continuation period as
provided for irretrievable breakdown in section 3301(d)(2),
the court shall require up to a maximum of three counseling
sessions within the time period where either of the parties
requests it or may require such counseling where the parties
have at least one child under 16 years of age.
(2) Notwithstanding paragraph (1), if a party files an
affidavit along with any other relevant supporting
documentation with the court evidencing:
(i) that the party was or is protected by an order
enforceable under Chapter 61 (relating to protection from
abuse) in which the other party is the named defendant;
or
(ii) that the other party was convicted of or has
pleaded guilty or no contest to a crime against spouse,
the court shall not order counseling sessions.
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(g) Definition.--As used in this section, the term "crime
against spouse" shall have the same meaning given to it in
section 3301(f) (relating to grounds for divorce).
Section 2. This act shall take effect in 60 days.
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