It’s happening again. There
has been another push to pass House Bill 380, which would shorten the waiting
period for a no fault, contested divorce from the current two (2) years to only
one (1) year. It looks like it is going to happen. Of great importance, the
Bill, in its current form, is not retroactive. As set forth in its current
version:
"The amendment of 23
Pa.C.S. §§ 3301(d) and 3323(g)(3) shall apply to periods of living separate and
apart that commence after the effective date of this section."
All signs are pointing to the
Bill being signed into law in the next few days, but will not go into effect
for a period of sixty (60) days. As such, parties who are currently thinking
about separating have some very big decisions to make, and very soon, to
determine whether they will fall under the new law or old.
If you are thinking about a
separation, you absolutely, positively should have a thorough consultation with
an attorney to assess how this change could affect your rights to support,
assets, and other claims.
The full Bill is below.
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