OPPOSING ABOLITION OR CHANGE TO PENNSYLVANIA'S NO-FAULT DIVORCE LAW

WHEREAS, the adoption of the Divorce Code of 1980, as amended, enacted as Title 23 of the Pennsylvania Statutes, established for the first time in Pennsylvania the concept of no-fault divorce;

WHEREAS, the Divorce Code of Pennsylvania as enacted allows divorcing parties to establish grounds for divorce under the grounds of mutual consent, two years separation and for cause;

WHEREAS, the experience of Pennsylvania and the majority of the other states has been and continues to be that no-fault divorce allows parties to resolve their marital difficulties without acrimony and fosters amicable dealings between the divorcing parties and their children;

WHEREAS, the Divorce Code encourages the amicable settlement of marital difficulties which is supported by opinions of experts in domestic relations;

WHEREAS, there is currently a move in Pennsylvania to abolish no-fault divorces and create only fault as a ground for divorce (House Bill 2562-1996) and to require hearings on counter-claims to no-fault divorces (House Bill 2003-1996);

WHEREAS, the abolishment of no-fault divorces and the requirement of divorces being granted only where fault is found would be harmful to the general divorcing public and their children, would not promote family harmony or stability and would require additional hearings resulting in additional court time and expense;

NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association opposes the abolishment of no-fault grounds for divorce and is in further opposition to requiring hearings on counter claims filed in no-fault divorces.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: October 24, 1996