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§3301(d) of the Divorce Code, the parties separated after December 5, 2016, and the parties will have lived separate and apart for a period of at least one (1) year at the time of hearing of this matter and /or at the time that the Plaintiff will file an Affidavit under 23 Pa. C.S.A. § 3301 (d) of the Divorce Code.
Due to the frequency with which this issue arises in Pennsylvania, in November of 2022, then Governor Wolf signed into law a requirement that divorce decrees include an express warning to the parties to either re-affirm or update their beneficiary designations. The new law goes into effect on .
A motion to vacate a decree or strike a judgment alleged to be void because of extrinsic fraud, lack of jurisdiction over the subject matter or a fatal defect apparent upon the face of the record must be made within five years after entry of the final decree.
Pennsylvania is a no fault divorce state. There are two types of no-fault divorce processes in Pennsylvania: mutual consent and separation. A mutual consent divorce is available when both parties are willing to agree that the marriage is irretrievably broken and consent to the 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.
Pennsylvania's criminal code currently recognizes 25 fraudulent practices under Chapter 41 of the PA Crimes Code. Examples of fraud include forgery, insurance fraud, access device fraud, identity theft, and trademark counterfeiting.
Can a Divorce Judgement Be Reversed in PA? A party can seek to open a divorce decree under limited circumstances and for a limited time. A court may grant such a request where there was fraud or new evidence that would lead the court to question the validity of the original divorce decree.
AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE -- a document that must be signed by the Plaintiff and filed with the Prothonotary's Office stating that the parties have been separated for at least two (2) years if date of separation was before December 5, 2016 or at least one (1) year if date of separation was on ...
