In order to have a hearing before the Master in Divorce, either party must file a Motion for Appointment of Master, accompanied by the required fee. An inventory as required by the Pennsylvania Rules of Civil Procedure must be filed with the motion or have previously been filed by the party requesting appointment of the Master. Copies of the motion and inventory must be served upon the opposing party or their attorney. After the motion is filed, the Clerk of Courts sends the motion to the Master in Divorce Office. An order is then entered appointing the Master in Divorce to hear the case.

After the Master has been appointed, the Master's office contacts the parties or their counsel to schedule the initial conference. Only attorneys are requested to appear at the initial conference, unless a party is not represented. In that case, both parties can attend, or the represented party can direct that their attorney attend without them. The purpose of the initial conference is for the Master in Divorce to determine what, if any, further discovery is needed by the parties to prepare for the hearing. A scheduling order is issued after the initial conference requiring certain discovery to be completed within certain time periods. The order also contains a deadline for the filing of the pre-trial statement of each of the parties, and scheduling of the Master's hearing.

The order also provides that if the parties desire to have a settlement conference prior to the hearing, they can request it. However, both parties must agree to have the settlement conference. A settlement conference is never scheduled by the Master unless the parties request it and understand that the Master conducting the settlement conference is the same Master who will conduct the Hearing, if necessary. In Lehigh County, there is only one Master in Divorce.

If both parties agree to have a settlement conference, the Master in Divorce office will contact the parties or their attorneys for scheduling. The purpose of the settlement conference is, of course, to attempt to settle the case so that the parties do not have to go through a full hearing.

The settlement conference is conducted by the Master in Divorce by first meeting with the attorneys for the parties, if both parties are represented. The Master reviews all issues of the case and makes recommendations to the attorneys as to how the case should be settled. The recommendations made at this point may not be the same as the formal recommendations of the Master issued after a full hearing. The Master attempts to find a resolution that both parties can agree to, which may not be what is ultimately determined after all testimony is presented in the hearing.

If one, or both, of the parties are not represented by an attorney, the Master meets with both parties, providing the parties understand that if they have agreed to participate in the settlement conference, they cannot later say there is any conflict for the same Master to conduct the hearing.

If the parties reach an agreement at the settlement conference, the Master can either prepare an order of court that contains the parties' agreement, or they can execute a separate property settlement agreement and send it to the Master. If the Master prepares an order of court, it is provided to the parties and their attorneys to review before it is filed.

If the case does not settle, it must proceed for a full record hearing before the Master in Divorce. Both parties must file a pre-trial statement as required by the rules within a certain period of time prior to the hearing. At the hearing, a stenographer records all testimony of the parties and that of any witnesses. Many times, a case will settle at the time of the Master's hearing. If it does, the parties can place their agreement on the record, or submit a property settlement agreement later.

After the hearing, the parties are given a bill for the transcript cost. When they have paid their share of the transcript cost, which is generally shared equally by the parties, the original transcript is completed and sent to the Master. Each of the parties receives a copy of the transcript. The Master cannot begin to prepare the Master's Report until the original transcript is received by the Master's office.

Once the Master receives the original transcript, a notice is sent to the parties that they have 30 days to submit proposed findings of fact and conclusions of law, if they want to do so. The parties are not required to submit any such findings and conclusions. The Master reviews the transcript and all exhibits and prepares the Master's report containing recommendations to the court on how the case should be resolved.

When the report is filed, the parties or their attorneys are given notice of the filing of the report. If the parties do not agree with the Master's recommendations, they can file exceptions to the report. The exceptions must be filed within 10 days of the mailing of the report. A copy of the exceptions must be sent to the opposing party and to the Master in Divorce office. If the opposing party has not filed their own exceptions, they have 10 days from the receipt of the other party's exceptions to file their own exceptions, if it chooses to do so.

After exceptions have been filed by either or both parties, the court sends a written notice to the parties or their attorneys of the date by which written briefs in support of the exceptions must be filed. The court also advises the parties or their attorneys of the date on which argument will be held on the exceptions. No testimony of the parties or any other witnesses is presented at argument. The only opportunity for the parties to present testimony or exhibits is before the Master in Divorce at the hearing.

After the Court hears argument, it issues an opinion either granting or denying the exceptions. The court can then issue it's own opinion for resolution of the case, or adopt the recommendations of the Master contained in the Master's report.

Other Master in Divorce Information