§ Rule 1920.45 Counseling

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Rule 1920.45. Counseling

    (a) When counseling is provided for in the Divorce Code, [FN1] the parties shall be notified of the availability of counseling as prescribed by Rules 1920.12(a)(8) and 1920.71.

    (b) The court shall maintain and make available to all parties in the prothonotary's office a list of qualified professionals who provide counseling services.

    Note: Section 3103 of the Divorce Code defines the term “qualified professionals”.

    (c)(1) When the ground for divorce is under Section 3301(c) of the Divorce Code [FN2] and counseling is requested by either party, the counseling must be completed within ninety days after filing the complaint.

    Note: See Section 3302(b) of the Divorce Code providing for the ninety-day period.

        (2) When the ground for divorce is under Section 3301(d) of the Divorce Code [FN3] and the court orders counseling, it must be completed within one hundred twenty days unless the parties agree to a longer period.

    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 action for divorce has been referred to a master and there is a request for counseling pursuant to the Divorce Code, the master, without leave of court, may require counseling and continue the hearing pending the counselor's report.

    Note: See Section 3302 of the Divorce Code for the instances in which counseling may be requested or required.

    [FN1] 23 Pa.C.S.A, § 3101 et seq.

    [FN2] 23 Pa.C.S.A. § 3301(c).

    [FN3] 23 Pa.C.S.A. § 3301(d).