Johnson, Duffie, Swewart & Weidner - Law
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News Release


Governor approves change to grounds for Divorce based on length of separation.


House Bill 380 passed the Senate on September 26, 2016. It was approved by the Governor on October 4, 2016, as Act 102, to take effect in 60 days. This legislation amends the Divorce Code to reduce the period of separation from 2 years to 1 year for a Divorce action based on irretrievable break down (no-fault) of the marriage. This change in the law applies to periods of living separate and apart which commence after the effective date of the Act. It will not apply to currently pending divorce actions.

This legislation was presented with the hope that reducing the length of time to establish grounds for a non-consensual no-fault divorce would reduce turmoil for children by having more timely economic decisions, which in turn implicates decisions which impact children, such as school placement and housing arrangements. By offering more prompt access to the Court process, it is hoped that conflict and legal expenses will be reduced. The Family Law Section of the Pennsylvania Bar Association supported this legislation. Melissa P. Greevy, a shareholder of Johnson, Duffie, Stewart & Weidner, serves as Co-chair of the Legislative Committee of the Family Law Section of the PBA.