CHAPTER 33
DISSOLUTION OF MARITAL STATUS
Subchapter
A. General Provisions
B. Procedure
C. Attacks Upon Decrees
Enactment. Chapter 33 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
3301. Grounds for divorce.
3302. Counseling.
3303. Annulment of void and voidable marriages.
3304. Grounds for annulment of void marriages.
3305. Grounds for annulment of voidable marriages.
3306. Proceedings to determine marital status.
3307. Defenses.
3308. Action where defendant suffering from mental disorder.
3309. General appearance and collusion.
§ 3301. Grounds for divorce.
(a) Fault.--The court may grant a divorce to the innocent and injured spouse whenever it is judged
that the other spouse has:
(1) Committed willful and malicious desertion, and absence from the habitation of the
injured and innocent spouse, without a reasonable cause, for the period of one or
more years.
(2) Committed adultery.
(3) By cruel and barbarous treatment, endangered the life or health of the injured and
innocent spouse.
(4) Knowingly entered into a bigamous marriage while a former marriage is still subsisting.
(5) Been sentenced to imprisonment for a term of two or more years upon conviction of
having committed a crime.
(6) Offered such indignities to the innocent and injured spouse as to render that spouse's
condition intolerable and life burdensome.
(b) Institutionalization.--The court may grant a divorce from a spouse upon the ground that insanity or serious
mental disorder has resulted in confinement in a mental institution for at least 18
months immediately before the commencement of an action under this part and where
there is no reasonable prospect that the spouse will be discharged from inpatient
care during the 18 months subsequent to the commencement of the action. A presumption
that no prospect of discharge exists shall be established by a certificate of the
superintendent of the institution to that effect and which includes a supporting statement
of a treating physician.
(c) Mutual consent.--
(1) 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 has been filed by each of the parties evidencing that each of
the parties consents to the divorce.
(2) The consent of a party shall be presumed where that party has been convicted of committing
a personal injury crime against the other party.
(d) Irretrievable breakdown.--
(1) The court may grant a divorce where a complaint has been filed alleging that the marriage
is irretrievably broken and an affidavit has been filed alleging that the parties
have lived separate and apart for a period of at least one year and that the marriage
is irretrievably broken and the defendant either:
(i) Does not deny the allegations set forth in the affidavit.
(ii) Denies one or more of the allegations set forth in the affidavit but, after notice
and hearing, the court determines that the parties have lived separate and apart for
a period of at least one year and that the marriage is irretrievably broken.
(2) If a hearing has been held pursuant to paragraph (1)(ii) and the court determines
that there is a reasonable prospect of reconciliation, then the court shall continue
the matter for a period not less than 90 days nor more than 120 days unless the parties
agree to a period in excess of 120 days. During this period, the court shall require
counseling as provided in section 3302 (relating to counseling). If the parties have
not reconciled at the expiration of the time period and one party states under oath
that the marriage is irretrievably broken, the court shall determine whether the marriage
is irretrievably broken. If the court determines that the marriage is irretrievably
broken, the court shall grant the divorce. Otherwise, the court shall deny the divorce.
(e) No hearing required in certain cases.--If grounds for divorce alleged in the complaint or counterclaim are established under
subsection (c) or (d), the court shall grant a divorce without requiring a hearing
on any other grounds.
(Apr. 21, 2016, P.L.166, No.24, eff. 60 days; Oct. 4, 2016, P.L.865, No.102, eff.
60 days)
2016 Amendments. Act 24 amended subsec. (c) and Act 102 amended subsec. (d). Section 2 of Act 102 provided
that the amendment of subsec. (d) shall apply to periods of living separate and apart
that commence after the effective date of section 2.
Cross References. Section 3301 is referred to in sections 1702, 3103, 3302, 3307, 3323 of this title.
Notes of Decisions
Cited in
53
cases (
10 in the last 5 years), 1991–2026 · leading case:
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
· cites it 20× “See 23 Pa.C.S. § 3301(a)(2), (6). [11] Wife now argues that the court erred in not granting her a divorce based on fault.”
In re Est. of Easterday, 209 A.3d 331 (Pa. 2019).
· cites it 5× “The first issue involves the impact of a pending divorce action on a spouse's entitlement to life insurance benefits, and specifically the interplay between provisions of the Divorce Code, 23 Pa.C.S. §§ 3301 - 3904, the Probate, Estates, and Fiduciaries Code, 20 Pa.”
Savage v. Savage, 736 A.2d 633 (Pa. Super. Ct. 1999).
· cites it 5× “Pursuant to 23 Pa.C.S. § 3301(a)(6). 3 . The primary sources of income during the marriage were Husband’s closely held businesses, “Savage Hyundai,” “Savage Sales,” and "Savage Properties” in Shillington.”
Solomon v. Solomon, 611 A.2d 686 (Pa. 1992).
· cites it 2× “§ 201(c) was repealed in 1990, and divorce by mutual consent is now controlled by a similar provision of the Divorce Code, 23 Pa.C.S. § 3301(c). 23 P.S. § 201(c) in effect at the time of the proceedings herein provided: It shall be lawful for the court to grant a divorce where a…”
Devlin v. City of Philadelphia, 862 A.2d 1234 (Pa. 2004).
“6 See generally 23 Pa.C.S. § 3301. Given all these similarities, the court opined that a couple’s registration as a “Life Partnership” would succeed in creating a “mutual right of support,” which, just like the obligations of marriage, “would be capable of enforcement throughout…”
Gordon v. Gordon, 681 A.2d 732 (Pa. 1996).
· cites it 2× “" 23 Pa.C.S. § 3301(a)(6). [2] Pursuant to the Divorce Code: [i]n an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital…”
Shell, I. v. Shell, B., 304 A.3d 401 (Pa. Super. Ct. 2023).
· cites it 4× “23 Pa.C.S. § 3301(d). Not long after the Divorce Code was enacted, our Supreme Court promulgated new procedural rules to implement the Divorce Code.”
Lindh v. Surman, 742 A.2d 643 (Pa. 1999).
· cites it 2× “[2] See 23 Pa.C.S. § 3301(c), (d). We agree with those jurisdictions that have looked towards the development of no-fault divorce law for a principle to decide engagement ring cases, and the inherent weaknesses in any fault-based system lead us to adopt a no-fault approach to…”
Gordon v. Gordon, 647 A.2d 530 (Pa. Super. Ct. 1994).
· cites it 2× “*134 The evidence also indicated that Husband was not completely innocent; he frequently insulted and provoked Wife, thus establishing a pattern in their altercations.”
Llaurado, M. v. Garcia-Zapata, 223 A.3d 247 (Pa. Super. Ct. 2019).
“J-A24038-19 establishing the date of separation as March 15, 2013, Husband filed an affidavit on March 26, 2015, stating that the marriage was irretrievably broken pursuant to Section 3301(d) of the Divorce Code, 23 Pa.C.S. § 3301(d). Wife filed a counter-affidavit of…”
Jayne v. Jayne, 663 A.2d 169 (Pa. Super. Ct. 1995).
“23 Pa.C.S. § 3301(d). Section 3301(a)(6), one of the fault grounds for divorce, describes the ground for divorce based on indignities: (a) Fault — The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has: (6) Offered such…”
Devlin v. City of Philadelphia, 809 A.2d 980 (Pa. Commw. Ct. 2002).
· cites it 2× “See generally Section 3301 of the Divorce Code, 23 Pa.C.S. § 3301. We believe that a sworn Termination Statement is meant to emulate, as closely as possible, a divorce decree.”
— 23 Pa. Cons. Stat. § 3301(D) — 1 case
— 23 Pa. Cons. Stat. § 3301(a) — 1 case
— 23 Pa. Cons. Stat. § 3301(a)(2) — 5 cases
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
“See 23 Pa.C.S. § 3301(a)(2), (6). [11] Wife now argues that the court erred in not granting her a divorce based on fault.”
Gordon v. Gordon, 647 A.2d 530 (Pa. Super. Ct. 1994).
“*134 The evidence also indicated that Husband was not completely innocent; he frequently insulted and provoked Wife, thus establishing a pattern in their altercations.”
— 23 Pa. Cons. Stat. § 3301(a)(3) — 1 case
— 23 Pa. Cons. Stat. § 3301(a)(5) — 1 case
— 23 Pa. Cons. Stat. § 3301(a)(6) — 6 cases
Gordon v. Gordon, 681 A.2d 732 (Pa. 1996).
“" 23 Pa.C.S. § 3301(a)(6). [2] Pursuant to the Divorce Code: [i]n an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital…”
Savage v. Savage, 736 A.2d 633 (Pa. Super. Ct. 1999).
“Pursuant to 23 Pa.C.S. § 3301(a)(6). 3 . The primary sources of income during the marriage were Husband’s closely held businesses, “Savage Hyundai,” “Savage Sales,” and "Savage Properties” in Shillington.”
— 23 Pa. Cons. Stat. § 3301(c) — 17 cases
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
“See 23 Pa.C.S. § 3301(a)(2), (6). [11] Wife now argues that the court erred in not granting her a divorce based on fault.”
In re Est. of Easterday, 209 A.3d 331 (Pa. 2019).
“The first issue involves the impact of a pending divorce action on a spouse's entitlement to life insurance benefits, and specifically the interplay between provisions of the Divorce Code, 23 Pa.C.S. §§ 3301 - 3904, the Probate, Estates, and Fiduciaries Code, 20 Pa.”
Solomon v. Solomon, 611 A.2d 686 (Pa. 1992).
“§ 201(c) was repealed in 1990, and divorce by mutual consent is now controlled by a similar provision of the Divorce Code, 23 Pa.C.S. § 3301(c). 23 P.S. § 201(c) in effect at the time of the proceedings herein provided: It shall be lawful for the court to grant a divorce where a…”
Lindh v. Surman, 742 A.2d 643 (Pa. 1999).
“[2] See 23 Pa.C.S. § 3301(c), (d). We agree with those jurisdictions that have looked towards the development of no-fault divorce law for a principle to decide engagement ring cases, and the inherent weaknesses in any fault-based system lead us to adopt a no-fault approach to…”
— 23 Pa. Cons. Stat. § 3301(c)(1) — 2 cases
In re Est. of Easterday, 209 A.3d 331 (Pa. 2019).
“The first issue involves the impact of a pending divorce action on a spouse's entitlement to life insurance benefits, and specifically the interplay between provisions of the Divorce Code, 23 Pa.C.S. §§ 3301 - 3904, the Probate, Estates, and Fiduciaries Code, 20 Pa.”
— 23 Pa. Cons. Stat. § 3301(c)(2) — 1 case
— 23 Pa. Cons. Stat. § 3301(d) — 22 cases
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
“See 23 Pa.C.S. § 3301(a)(2), (6). [11] Wife now argues that the court erred in not granting her a divorce based on fault.”
Shell, I. v. Shell, B., 304 A.3d 401 (Pa. Super. Ct. 2023).
“23 Pa.C.S. § 3301(d). Not long after the Divorce Code was enacted, our Supreme Court promulgated new procedural rules to implement the Divorce Code.”
Savage v. Savage, 736 A.2d 633 (Pa. Super. Ct. 1999).
“Pursuant to 23 Pa.C.S. § 3301(a)(6). 3 . The primary sources of income during the marriage were Husband’s closely held businesses, “Savage Hyundai,” “Savage Sales,” and "Savage Properties” in Shillington.”
Llaurado, M. v. Garcia-Zapata, 223 A.3d 247 (Pa. Super. Ct. 2019).
“J-A24038-19 establishing the date of separation as March 15, 2013, Husband filed an affidavit on March 26, 2015, stating that the marriage was irretrievably broken pursuant to Section 3301(d) of the Divorce Code, 23 Pa.C.S. § 3301(d). Wife filed a counter-affidavit of…”
Jayne v. Jayne, 663 A.2d 169 (Pa. Super. Ct. 1995).
“23 Pa.C.S. § 3301(d). Section 3301(a)(6), one of the fault grounds for divorce, describes the ground for divorce based on indignities: (a) Fault — The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has: (6) Offered such…”
— 23 Pa. Cons. Stat. § 3301(d)(1) — 2 cases
— 23 Pa. Cons. Stat. § 3301(d)(1)(i) — 1 case
— 23 Pa. Cons. Stat. § 3301(d)(1)(ii) — 2 cases
— 23 Pa. Cons. Stat. § 3301(d)(2) — 1 case
— 23 Pa. Cons. Stat. § 3301(d)(l) — 1 case
— 23 Pa. Cons. Stat. § 3301(d)(l)(ii) — 2 cases
Savage v. Savage, 736 A.2d 633 (Pa. Super. Ct. 1999).
“Pursuant to 23 Pa.C.S. § 3301(a)(6). 3 . The primary sources of income during the marriage were Husband’s closely held businesses, “Savage Hyundai,” “Savage Sales,” and "Savage Properties” in Shillington.”
— 23 Pa. Cons. Stat. § 3301(e) — 1 case
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treatment. Dots show Syfertize treatment of the citing case itself.