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 annulment,
the order of the trial judge shall state the reasons therefor. No motion for post-trial relief may be filed to any order enumerated in this subdivision.
(b) In claims involving
(1) child or spousal support,
(2) paternity when tried by a judge,
(3) custody, partial custody, or visitation,
(4) alimony pendente lite,
(5) counsel fees, costs and expenses, or
(6) an uncontested action of divorce or annulment, or
(7) protection from abuse,
the order of the trial judge may set forth only general findings. No motion for post-trial relief may be filed to any order enumerated in this subdivision.
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.
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.
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. Immediately preceding text appears at serial pages (267777) to (267778).
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