2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 33 - Dissolution of Marital Status
3323 - Decree of court.

     § 3323.  Decree of court.
        (a)  General rule.--In all matrimonial causes, the court may
     either dismiss the complaint or enter a decree of divorce or
     annulment of the marriage.
        (b)  Contents of decree.--A decree granting a divorce or an
     annulment shall include, after a full hearing, where these
     matters are raised in any pleadings, an order determining and
     disposing of existing property rights and interests between the
     parties, custody, partial custody and visitation rights, child
     support, alimony, reasonable attorney fees, costs and expenses
     and any other related matters, including the enforcement of
     agreements voluntarily entered into between the parties. In the
     enforcement of the rights of any party to any of these matters,
     the court shall have all necessary powers, including, but not
     limited to, the power of contempt and the power to attach wages.
        (c)  Bifurcation.--(Deleted by amendment).
        (c.1)  Bifurcation.--With the consent of both parties, the
     court may enter a decree of divorce or annulment prior to the
     final determination and disposition of the matters provided for
     in subsection (b). In the absence of the consent of both
     parties, the court may enter a decree of divorce or annulment
     prior to the final determination and disposition of the matters
     provided for in subsection (b) if:
            (1)  grounds have been established as provided in
        subsection (g); and
            (2)  the moving party has demonstrated that:
                (i)  compelling circumstances exist for the entry of
            the decree of divorce or annulment; and
                (ii)  sufficient economic protections have been
            provided for the other party during the pendency of the
            disposition of the matters provided for in subsection
            (b).
        (d)  Substitution for deceased party.--If one of the parties
     dies after the decree of divorce has been entered, but prior to
     the final determination in such proceeding of the property
     rights and interests of the parties under this part, the
     personal representative of the deceased party shall be
     substituted as a party as provided by law and the action shall
     proceed.
        (d.1)  Death of a party.--In the event one party dies during
     the course of divorce proceedings, no decree of divorce has been
     entered and grounds have been established as provided in
     subsection (g), the parties' economic rights and obligations
     arising under the marriage shall be determined under this part
     rather than under 20 Pa.C.S. (relating to decedents, estates and
     fiduciaries).
        (e)  Costs.--The court may award costs to the party in whose
     favor the order or decree shall be entered or may order that
     each party shall pay their own costs or may order that costs be
     divided equitably as it shall appear just and reasonable.
        (f)  Equity power and jurisdiction of the court.--In all
     matrimonial causes, the court shall have full equity power and
     jurisdiction and may issue injunctions or other orders which are
     necessary to protect the interests of the parties or to
     effectuate the purposes of this part and may grant such other
     relief or remedy as equity and justice require against either
     party or against any third person over whom the court has
     jurisdiction and who is involved in or concerned with the
     disposition of the cause.
        (g)  Grounds established.--For purposes of subsections (c.1)
     and (d.1), grounds are established as follows:
            (1)  In the case of an action for divorce under section
        3301(a) or (b) (relating to grounds for divorce), the court
        adopts a report of the master or makes its own findings that
        grounds for divorce exist.
            (2)  In the case of an action for divorce under section
        3301(c), both parties have filed affidavits of consent.
            (3)  In the case of an action for divorce under section
        3301(d), an affidavit has been filed and no counter-affidavit
        has been filed or, if a counter-affidavit has been filed
        denying the affidavit's averments, the court determines that
        the marriage is irretrievably broken and the parties have
        lived separate and apart for at least two years at the time
        of the filing of the affidavit.
     (Nov. 29, 2004, P.L.1357, No.175, eff. 60 days)

        2004 Amendment.  Act 175 added subsecs. (c.1), (d.1) and (g)
     and deleted subsec. (c). See section 5(3), (4) and (5) of Act
     175 in the appendix to this title for special provisions
     relating to applicability.
        Cross References.  Section 3323 is referred to in section
     2203 of Title 20 (Decedents, Estates and Fiduciaries).