In Re: Order Amending Rule 1920.72 of the Pennsylvania Rules of Civil Procedure ( 2016 )


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  •                           EXPLANATORY COMMENT - 2016
    Act 102 of 2016 (the Act) amended the Divorce Code by reducing the separation
    period required by § 3301(d) from two years to one year for parties separating after the
    Act’s effective date: December 5, 2016. The Act provides that the one-year separation
    period is only applicable to married persons separating after the effective date of the
    Act. However, the current two-year separation period remains applicable to married
    persons that separated prior to the effective date of the Act. As such, the current forms
    could not be amended merely by substituting one-year for two-year on the affidavit and
    counter-affidavit in Pa.R.C.P. No. 1920.72(d) and (e)(2), respectively. Instead, the
    current forms have been amended to delineate when the parties separated vis-à-vis the
    Act’s effective date. Therefore, a party alleging a date of separation prior to December
    5, 2016, should proceed under a two-year separation period. A party alleging a date of
    separation on or after December 5, 2016 should proceed under a one-year separation
    period.
    

Document Info

Docket Number: 654 Civil Procedural Rules Docket

Judges: per curiam

Filed Date: 11/18/2016

Precedential Status: Precedential

Modified Date: 11/18/2016