Part 1920 · Actions Of Divorce or For Annulment Ofmarriage

Rule 1920.45. Counseling

Amended October 19, 2021 (current) Contains Deadlines

(a) If the Divorce Code provides for counseling, the parties shall be notified of the availability of counseling as prescribed in Pa.R.C.P. Nos. 1920.12(a)(8) and 1920.71. Official Note See Section 3302 of the Divorce Code for the divorce actions in which the parties may request counseling, but note the counseling exceptions in Section 3302(g).

(b) The court shall maintain in the prothonotary’s office a list of qualified professionals that provide counseling services, which shall be available to the parties upon request. Official Note Section 3103 of the Divorce Code defines the term ‘‘qualified professionals.’’

(c) If the ground for divorce is under:

(1) Section 3301(c) of the Divorce Code and the court orders counseling as requested by a party, the parties must complete counseling within 90 days of the divorce complaint’s filing; or

(2) Section 3301(d) of the Divorce Code and a court orders counseling, the parties must complete counseling within 120 days, unless the parties agree to a longer period. Official Note See Section 3301(d)(2) of the Divorce Code providing for a period ‘‘not less than 90 days nor more than 120 days. . .’’

(d) If the court has referred a divorce action to a hearing officer and a party requests counseling pursuant to the Divorce Code, without leave of court, the hearing officer may require counseling and continue the hearing pending the counselor’s report.