Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 1920.52. Hearing by the Court. Decision. No Post-trial Relief. Decree.

Rule 1920.52. Hearing by the Court. Decision. No Post-trial Relief. Decree.

 (a)  In claims involving:

   (1)  marital property;

   (2)  enforcement of marital agreements;

   (3)  alimony; or

   (4)  a contested action of divorce or for annulment,

   the order of the court shall state the reasons for its decision. A motion for post-trial relief may not be filed to orders with the actions or claims enumerated in this subdivision.

 (b)  In claims involving:

   (1)  paternity;

   (2)  custody;

   (3)  counsel fees;

   (4)  costs and expenses;

   (5)  an uncontested action of divorce or annulment; or

   (6)  protection from abuse,

   the order of the court may set forth only general findings. A motion for post-trial relief may not be filed to orders with the actions or claims enumerated in this subdivision.

   Official Note

    The procedure relating to motions for reconsideration is set forth in Rule 1930.2.

 (c)  The court need not determine all claims at one time but may enter a decree adjudicating a specific claim or claims. However, unless by agreement of the parties, no bifurcated decree of divorce shall be entered except as set forth in 23 Pa.C.S.A. §  3323(c.1). In any bifurcated decree entered by the court without the agreement of the parties, the court shall state with specificity the compelling circumstances that exist for the entry of the decree and the economic provisions sufficient to protect the non-moving party.

 (d)  In all cases the court shall enter a decree separately adjudicating each claim raised.

Explanatory Comment—2010

   The Divorce Code was amended in 2004 to make it more difficult for the court to enter a bifurcated divorce decree absent the agreement of the parties. Section 3323(c.1) became effective on January 28, 2005 and limits the circumstances in which the court may enter a bifurcated decree, requiring the establishment of grounds for divorce, compelling circumstances for the entry of the decree and sufficient economic protections for the non-moving party.

Source

   The provisions of this Rule 1920.52 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended July 22, 1983, effective July 1, 1983, 13 Pa.B. 2254; amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended March 23, 1987, effective July 1, 1987, 17 Pa.B. 1499; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1941; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended July 8, 2010, effective September 6, 2010, 40 Pa.B. 4140; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960. Immediately preceding text appears at serial pages (384539) to (384540).



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