How to File a Brief for Exceptions on a Domestic Relations Case in Pennsylvania
In the state of Pennsylvania, equitable distribution and spousal support cases are automatically referred to and decided on by a master. A master is a lawyer who is appointed by the court and is an expert in the area of law to which he is conducting hearings. If a party wants to challenge a decision made by a master, they can file a form called "Exceptions to Recommendation of Conference or Office-Master" in the county's Prothonotary's (clerk's) office. You can either file the form pro-se (representing yourself) or through an attorney.
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Things You'll Need
- Computer
- Exceptions to Recommendation to Conference or Office-Master form
- At least two envelopes and two stamps
- Previous order issued by the master
Instructions
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Filing Pro-Se
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Go online to your county's website and download their "Exceptions to Recommendation of Conference or Office Master Form" or go to your county's Prothonotary's office (located in the court house) and request the form.
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Fill in the caption on the top of the form. For example, Anna Smith vs. John Smith on the left hand side and the case number on the right hand side.
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Check off either "In Support" or "In Equitable Distribution."
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Enter the date of the order previously issued by the master.
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Check off either "Support" or "Equitable Distribution."
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Sign where it says "Attorney for Plaintiff or Pro-Se party" and date it.
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Mail or bring the form to the defendant or the defendant's attorney for their signature.
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Take or mail the form to the county's Prothonotary's office with at least two extra copies to be time-stamped and returned to the filing party.
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Mail or hand-deliver a time-stamped copy of the form to either the defendant or defendant's attorney.
Filing Through an Attorney
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Contact an attorney if you do not already have one.
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Bring the master's order to your attorney to discuss with him as to why you want to file for exceptions.
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Provide your attorney with any other necessary information pertinent to your case. He or she may request financial records such as tax returns.
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Your attorney will then prepare and file the form for exceptions and perform all of the above steps, then notify you when a hearing in front of a judge is scheduled.
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Tips & Warnings
Please note that the name of the form may vary from county to county, but it will always say "Exceptions."
Always have a check or cash handy. It is usually free to file a form for exceptions, but some counties reserve the right to charge a fee for any form filed.
