Rule 1920.16.A - Severance of Actions and Claims. Bifurcation. Interim Distribution(a) Upon petition of either party/or upon consent of the parties and after a record proceeding Hearing Officer may recommend bifurcation of the divorce proceedings and issuance of a divorce decree, prior to a determination of other matters raised, by written report in accordance with Pa.R.Civ.P. 1920.53. The court shall permit bifurcation for good cause shown. In such event, this decree shall be indexed in the judgment docket to give notice of the divorced spouse's equitable interest in the property of the other.(b) The decree of divorce in such circumstances shall be substantially in the form as prescribed by Pa.R.Civ.P. 1920.76.(c) A copy of the Petition for Bifurcation shall be served upon the appointed Hearing Officer.(d)(1) Requests for Interim Distribution where equitable distribution has been raised by the pleadings and grounds have been met shall be referred to the appointed Hearing Officer for disposition.(2) Claims for Interim Distribution shall be raised by the filing of a verified petition with a rule returnable. No hearing will be assigned at the time of filing.(3) In those cases where a Hearing Officer has not been appointed, the moving party shall motion for the appointment of an equitable distribution Hearing Officer and pay the appropriate fee.(4) The assigned Hearing Officer shall schedule a preliminary conference and ultimately a hearing, if necessary. At the conclusion of the hearing, a report shall issue.(5) Objections to a recommendation for Interim Distribution shall be made by the filing of exceptions.(e) Any requests for Interim Distribution where equitable distribution has been raised by the pleadings and grounds have not been met and a Hearing Officer not appointed may be raised by filing a Petition for Special Relief.Chest. Cnty. Ct. Comm. Plea. R. 1920.16.A
Amended effective 6/13/2022; amended effective 1/22/2024. Grounds for divorce pursuant to 23 Pa.C.S. § 3301 shall have been met prior to the hearing on the petition raising the request for Interim Distribution.
Exceptions to the recommendation for Interim Distribution are deemed to be interlocutory. Oral argument, as necessary, will be scheduled when the final report and recommendation is filed.