New Pennsylvania Bill Makes Spousal Abuse Victims’ Divorce Process Easier

May 2, 2016 | By Samantha J. Evian

Recently, Governor Wolf signed a bill into law giving spousal abuse victims in Pennsylvania additional rights when pursuing a divorce. This law will become effective in the middle of June 2016. It has been said that, “this legislation will make the lives of abused spouses across the commonwealth safer.”

Currently, without the consent of both parties, it has taken up to two years until a court would allow the case to proceed. In addition, the couple has had to attend at least three court-mandated counseling sessions. The new legislation allows spousal abuse victims to file for divorce and the law presumes that the other party has consented if he or she has been convicted of committing a personal injury crime against the filing spouse. In addition, victims can object to court-mandated divorce counseling if they have a protection-from-abuse order or were the victim of a personal injury crime for which the spouse has been convicted or entered into accelerated rehabilitative disposition (ARD).

This bill was amended to better empower victims of domestic violence and prevent victims from being forced into staying in an abusive marriage.

Categorized In: Abuse, Domestic Violence

About the Authors

Samantha Evian

Samantha J. Evian

Partner

Samantha’s practice concentrates on family law exclusively. As an experienced divorce attorney, Samantha understands all aspects of matrimonial litigation and negotiation. She has extensive experience dealing with complex family law matters such...

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