Pennsylvania Consolidated Statutes

DOMESTIC RELATIONS (TITLE 23)

DIVORCE

CHAPTER 31. PRELIMINARY PROVISIONS

§ 3101. Short title of part.
§ 3102. Legislative findings and intent.
§ 3103. Definitions.
§ 3104. Bases of jurisdiction.
§ 3105. Effect of agreement between parties.

§ 3101. Short title of part.

This part shall be known and may be cited as the Divorce Code.

§ 3102. Legislative findings and intent.

(a) Policy.--The family is the basic unit in society and the protection and preservation of the family is of paramount public concern. Therefore, it is the policy of the Commonwealth to:

1. Make the law for legal dissolution of marriage effective for dealing with the realities of matrimonial experience.
2. Encourage and effect reconciliation and settlement of differences between spouses, especially where children are involved.
3. Give primary consideration to the welfare of the family rather than the vindication of private rights or the punishment of matrimonial wrongs.
4. Mitigate the harm to the spouses and their children caused by the legal dissolution of the marriage.
5. Seek causes rather than symptoms of family disintegration and cooperate with and utilize the resources available to deal with family problems.
6. Effectuate economic justice between parties who are divorced or separated and grant or withhold alimony according to the actual need and ability to pay of the parties and insure a fair and just determination and settlement of their property rights.

(b) Construction of part.--The objectives set forth in subsection (a) shall be considered in construing provisions of this part and shall be regarded as expressing the legislative intent.

§ 3103. Definitions.

The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Alimony."

An order for support granted by this Commonwealth or any other state to a spouse or former spouse in conjunction with a decree granting a divorce or annulment.

"Alimony pendente lite."

An order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding.

"Divorce."

Divorce from the bonds of matrimony.

"Grounds for divorce."

The grounds enumerated in section 3301 (relating to grounds for divorce).

"Irretrievable breakdown."

Estrangement due to marital difficulties with no reasonable prospect of reconciliation.

"Qualified professionals."

Includes marriage counselors, psychologists, psychiatrists, social workers, ministers, priests, rabbis or other persons who, by virtue of their training and experience, are able to provide counseling.

"Separate and apart."

Complete cessation of any and all cohabitation, whether living in the same residence or not.

"Spousal support."

Care, maintenance and financial assistance.

§ 3104. Bases of jurisdiction.

(a) Jurisdiction.--The courts shall have original jurisdiction in cases of divorce and for the annulment of void or voidable marriages and shall determine, in conjunction with any decree granting a divorce or annulment, the following matters, if raised in the pleadings, and issue appropriate decrees or orders with reference thereto, and may retain continuing jurisdiction thereof:

1. The determination and disposition of property rights and interests between spouses, including any rights created by any antenuptial, postnuptial or separation agreement and including the partition of property held as tenants by the entireties or otherwise and any accounting between them, and the order of any spousal support, alimony, alimony pendente lite, counsel fees or costs authorized by law.
2. The future care, custody and visitation rights as to children of the marriage or purported marriage.
3. Any support or assistance which shall be paid for the benefit of any children of the marriage or purported marriage.
4. Any property settlement involving any of the matters set forth in paragraphs (1), (2) and (3) as submitted by the parties.
5. Any other matters pertaining to the marriage and divorce or annulment authorized by law and which fairly and expeditiously may be determined and disposed of in such action.

(b) Residence and domicile of parties.--No spouse is entitled to commence an action for divorce or annulment under this part unless at least one of the parties has been a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement of the action. Both parties shall be competent witnesses to prove their respective residence, and proof of actual residence within this Commonwealth for six months shall create a presumption of domicile within this Commonwealth.

(c) Powers of court.--The court has authority to entertain an action under this part notwithstanding the fact that the marriage of the parties and the cause for divorce occurred outside of this Commonwealth and that both parties were at the time of the occurrence domiciled outside this Commonwealth. The court also has the power to annul void or voidable marriages celebrated outside this Commonwealth at a time when neither party was domiciled within this Commonwealth.

(d) Foreign forum.--After the dissolution or annulment of a marriage in a foreign forum where a matter under subsection (a) has not been decided, a court of this Commonwealth shall have jurisdiction to determine a matter under subsection (a) to the fullest extent allowed under the Constitution of the United States.

(e) Venue.--A proceeding for divorce or annulment may be brought in the county:

1. where the defendant resides;
2. if the defendant resides outside of this Commonwealth, where the plaintiff resides;
3. of matrimonial domicile, if the plaintiff has continuously resided in the county;
4. prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides; or
5. after six months after the date of final separation, where either party resides.

Suspension by Court Rule. Section 3104(e) was suspended by Pennsylvania Rule of Civil Procedure No. 1920.91, as amended July 15, 1994, insofar as it applies to the practice and procedure in actions for divorce or annulment of marriage.

§ 3105. Effect of agreement between parties.

(a) Enforcement.--A party to an agreement regarding matters within the jurisdiction of the court under this part, whether or not the agreement has been merged or incorporated into the decree, may utilize a remedy or sanction set forth in this part to enforce the agreement to the same extent as though the agreement had been an order of the court except as provided to the contrary in the agreement.

(b) Certain provisions subject to modification.--A provision of an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing of changed circumstances.

(c) Certain provisions not subject to modification.--In the absence of a specific provision to the contrary appearing in the agreement, a provision regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court.

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