I wanted to briefly to touch on a change that was made in the Commonwealth of Pennsylvania divorce law which became effective in December of 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. What this means is that the parties must be separated and living under this separation for more than one year. Previously the parties had to be separated for two years. Please note that “separation” is generally defined as living apart in a manner as though not married. Act 102 provides that the one-year separation period is only applicable to married persons separating after the effective date of the Act – which means that the separation must begin after December 5, 2016. Separations that have begun prior to the effective date don’t apply. This means that only the separation which began prior to December 5, 2016 are counted as having been begun on December 5, 2016. As noted, the current two-year separation period remains applicable to married persons that separated prior to the effective date of the Act.
Procedurally there is also a form change which must be used in such matters. 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-‘a-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. Pa. R.C.P. No. 1920.72