Rule 1920.51 - Proceedings before Master in Divorce(a) As used in this section, "Master" means a Permanent Master in Divorce who has been authorized by the Court to hear:(1) matters relating to grounds for Divorce under Sections 3301(a), 3301(b), and 3301(d)(1)(ii), and for Annulment under Sections 3303, 3304 and 3305 of the Divorce Code;(2) economic issues, including claims for equitable distribution of property, alimony, counsel fees, costs and expenses.(b) Procedure for Divorce under Sections 3301(a) and 3301(b), and for Annulment: (1) When a party wishes to proceed under fault grounds for Divorce or an Annulment, said party shall file a "Motion for Divorce Hearing on Fault Grounds or for Annulment" accompanied by a certification of service and a proposed Order of assignment setting forth the issues to be referred by the Court to the Master.(2) Within ten (10) days following service of a Motion for Divorce Hearing on Fault Grounds or for Annulment, a party may file an Answer thereto for purposes of objecting to the proposed assignment of the case to a Master. It shall not constitute grounds for objection that discovery on economic issues has not been completed.(3) The Motion for Divorce Hearing on Fault Grounds or for Annulment may be filed by either party as soon as twenty (20) days have elapsed following service of the complaint.(4) Thirty (30) days advance notice of the hearing shall be given to the attorneys of record and any unrepresented parties. All parties shall be prepared to proceed at that time on the case,(5) Unless otherwise ordered by the Court, an official Court interpreter of the Court of Common Pleas shall be utilized where a party or witness is unable to communicate in the English language.(6) In uncontested proceedings, the moving party shall be prepared to present the following to the Master on the day of the hearing:(i) an Affidavit setting forth jurisdictional facts;(ii) a separate narrative Affidavit setting forth the specific facts relied upon as the basis for the fault allegations in the case, or where an Annulment is requested, the facts establishing grounds for such relief under Sections 3304 or 3305; (iii) in cases where no appearance of record has been entered for the defendant, an Affidavit of Non-Military Service as required by the Soldiers' and Sailors' Civil Relief Act; and (iv) in actions for Indignities under Section 3301(a)(6), a Certification of Counseling Notice.(7) In contested cases, all testimony before the Master shall be recorded. Upon request of a party or on the Master's own motion, the attendance of witnesses before the Master may be secured through the issuance of a subpoena from the Clerk of Family Court.(8) Copies of the Master's Report in Fault Grounds or Annulment cases shall be mailed to counsel of record and to any unrepresented parties. Such copies shall be accompanied by a proposed Decree and notice informing the parties that either side may file exceptions to the Report within twenty (20) days of the date said Report is filed.(c) Procedure on Economic Issues. (1) No hearing shall be scheduled before the Permanent Master to dispose of economic issues in a case unless one of the following has occurred:(i) a Master's Report has been filed recommending a divorce under Section 3301(a), 3301(b) or 3301(d)(1)(ii) in a case where economic issues have been raised by a pleading. If no exceptions have been filed to said Report, or after exceptions thereto have been dismissed, the Court shall enter an Order in the following form: ORDER APPROVING GROUNDS FOR DIVORCE
AND NOW, this ___ day of __________ , 20___, pursuant to the Report of the Master in Divorce, it is hereby Ordered that a Decree in Divorce shall hereafter be entered following resolution by the Permanent Master of all claims of record relating to equitable distribution of marital property, alimony, counsel fees, costs and expenses, and related claims under Divorce Code of 1980, as amended;
(ii) A Praecipe to Transmit Record has been filed pursuant to Section 3301(c) or Section 3301(d)(i) in a case where economic claims have been raised of record. Said Praecipe to Transmit Record and the Notice of Intent that shall precede it shall be accompanied by all other documents required by Rule 1920.42. After any objection to said Praecipe has been dismissed, the Court shall enter an Order in the following form: ORDER APPROVING GROUNDS FOR DIVORCE
AND NOW, this ___ day of __________ , 20___, upon receipt of the record setting forth a cause of action under Section 3301(c) or Section 3301(d), a Decree in Divorce shall hereafter be entered following resolution by the Master of all claims of record relating to equitable distribution of marital property, alimony, counsel fees, costs and expenses, and related claims under Divorce Code of 1980, as amended;
(iii) A bifurcated Decree In Divorce has been entered by the Court.(2) A Master's hearing may only be scheduled on economic issues after one of the parties or their attorney of record has certified that:(i) an Order Approving Grounds for Divorce or a Bifurcated Decree has been entered;(ii) all discovery has been completed; and(iii) there are no motions or petitions outstanding in the case.(3) All such Certifications for Hearing before the Master in Divorce shall be filed in the Office of the Clerk of the Family Court following payment of the required fee; provided, however, that no additional fee shall be required where fault grounds have been established pursuant to a hearing before the Permanent Master. At the time of filing the Certification, the attorney for the moving party shall also file with the Clerk of Family Court a verification that a copy of said Certification was served on the opposing attorney of record, or on the opposing party, if unrepresented.(4) Within ten (10) days following the date of filing a Certification for Hearing before the Permanent Master, opposing counsel or the unrepresented party may file objections to the same in the Office of the Clerk of the Family Court. Any such objections shall state with particularity the basis for denying the representations in the Certification. All objections to Certifications for Hearing before the Permanent Master will be promptly listed for hearing before the Family Court Motions Judge.(5) If no objections are filed to the Certification for Hearing pursuant to subsection (4) hereof, the case shall be scheduled for a hearing before a Permanent Master. Thirty (30) days advance notice of any such hearing shall be given to counsel and any unrepresented party, unless otherwise ordered by the Court.(6) At least ten (10) days prior to the scheduled hearing before the Permanent Master, each party shall file a mandatory pre-trial memorandum in accordance with Pa.R.C.P. 1920.33(b). The pre-trial memorandum shall be filed with the Clerk of Family Court and a copy of the same shall be mailed or personally served on the same day to opposing counsel or any unrepresented party.(7) The Master shall take non-record testimony from the parties only, unless, at the sole discretion of the Master, additional non-record testimony is required. The parties may offer into evidence, without formal proof, documentary evidence in the nature of appraisals, pension evaluations, statements from financial institutions, official or certified records of any governmental or judicial body, and other reports, bills and records relating to real estate, personal property, counsel fees and costs, provided that true and correct copies of all such evidence is provided to all parties or counsel of record at least ten (10) days prior to the hearing.(8) Within thirty (30) days after conclusion of the final hearing on economic issues, the Permanent Master shall file with the Court a report containing findings of fact and conclusions of law along with a recommendation and proposed Decree and/or Order disposing of all issues of record. Copies of said findings and order shall be mailed to the counsel of record, or unrepresented parties, together with a notice explaining the procedure for requesting a trial de novo by the Court.(9) Within twenty (20) days after the mailing date of the Master's Report and proposed Decree, either party may file with the Clerk of Family Court a Praecipe for a trial de novo before a Judge. Time stamped copies of any such Praecipe shall forthwith be served on the opposing counsel of record or unrepresented party, and on the Master who heard the matter. The case thereafter shall be listed before a Judge for a full evidentiary hearing.(10) In the event there is no demand for a trial filed within twenty (20) days following mailing of the Report and proposed Decree, such Report and proposed Decree shall be submitted to the Court for approval and entry of a Decree.(11) Any willful violation of this Rule including a failure to comply with filing requirements, failing to provide the required pre-trial memorandum, not providing all parties or counsel copies of documentary evidence to be introduced at the hearing before the Master, or not attending a hearing, shall be grounds for contempt of Court and imposition of sanctions. The Master is empowered to recommend that anyone not complying with this Rule be cited for contempt of CourtAmended effective 9/1/2016; amended effective 4/8/2019.