What happens at a contested property division hearing in Delaware County?

Last updated October 25, 2026.

In Delaware County, a contested property division claim is heard first by a divorce hearing officer, not a judge. After a case management conference, pretrial statements and a pretrial conference, the hearing officer holds an informal hearing that is not recorded, then files a written report. Any party has 20 days from the date the report is mailed or received to demand a new hearing before a judge, called a hearing de novo; if no one does, the court reviews the report and, if it approves, enters a final decree (Pa.R.C.P. 1920.55-3(c) and (d)).

The factors the hearing officer weighs are explained in how property is divided in a Pennsylvania divorce. This page covers the hearing itself: how a case gets there, what you file, what happens in the room and what comes after.

How does a contested property case reach the hearing, step by step?

1. Inventories are filed. Each spouse files and serves an inventory of assets and debts as of the date of separation, and no one may ask for a hearing officer until at least 30 days after filing their own (Pa.R.C.P. 1920.33(a)(2)).
2. Grounds are ripe. The statewide rule lets the court appoint a hearing officer to hear property, alimony and counsel fee claims once grounds under 3301(c) or (d) are established and approved (Pa.R.C.P. 1920.51(a)(1)(ii)(A)). Before then, a hearing officer may be appointed only to help with discovery or settlement (1920.51(a)(1)(ii)(B)).
3. A motion for a case management conference. Delaware County Local Rule 1920.54(d) has either spouse file this motion with the Office of Judicial Support, which forwards it to the Court Administrator. The motion must certify that an inventory was filed and that grounds are ripe, for example that both consent affidavits are filed, or that a 3301(d) affidavit was served and 20 days passed without a counter-affidavit. The county fee schedule lists $250 for a motion for appointment of a hearing officer in divorce.
4. The case management conference. The Court Administrator schedules it before a hearing officer, who then issues a case management order listing the documents and discovery required, a schedule for them, the due date for pretrial statements and a date for a pretrial conference (Local Rule 1920.54(e)).
5. Pretrial statements. Each side files and serves one by the date in the order, or, if none is set, at least 60 days before the hearing (Pa.R.C.P. 1920.33(b)).
6. The pretrial conference. Under the local rule, the hearing officer discusses the issues and possible settlement there and resolves outstanding discovery disputes. At its end, the hearing officer either sets another pretrial conference or gives the case a hearing date.
7. The hearing. Both spouses must attend, ready to present testimony and documents. The county handbook says notice is given at a conference or mailed several weeks ahead.

Where each office and hearing room sits in the Courthouse complex is covered in what to expect in Delaware County family court.

What goes into the pretrial statement?

The pretrial statement is the backbone of the hearing, because a spouse can be barred from offering evidence that is inconsistent with it or goes beyond its fair scope (1920.33(d)(2)). Rule 1920.33(b) requires, for each side:

• A list of marital and non-marital assets with each value, the valuation date, any non-marital portion, the facts and documents supporting the value, and any liens.
• The name and address of each expert witness, with the expert's report attached, describing qualifications, the facts and opinions expected and the grounds for each opinion.
• Other witnesses, with a short summary of their testimony.
• A numbered exhibit list; exhibits of three pages or less are attached.
• Gross and net income, payroll deductions, the latest state and federal tax returns and pay stubs.
• An expense statement, if you will testify about expenses, and an itemized bill if you claim counsel fees.
• Disputed household items with values and the method used.
• Marital and non-marital debts, including payments made since separation. How debts are assigned is covered in how debts are divided in a Pennsylvania divorce.
• A proposed resolution of the economic issues.

An inventory can be incomplete if a spouse lacks full knowledge, and the official note to the rule says the gap may be fixed in the pretrial statement. If you believe your spouse left assets off, see what to do if your spouse hides money or assets. Expert reports often matter most for a closely held company; see what happens to a family business in a divorce.

What happens at the hearing itself?

The Delaware County hearing is informal and, by default, not recorded. The county handbook says the hearing officer reviews the documents the parties provide and addresses equitable distribution, alimony, legal fees and court costs at the same hearing. The statewide rule for counties using this procedure says no record is made (Rule 1920.55-3(a)), and the Supreme Court's rules committee lists Delaware County as one of those counties. The local rule adds one option: on a party's application, and in the hearing officer's sole discretion, all or part of the hearing may be reported and transcribed, with the requesting party making the arrangements (Local Rule 1920.54).

Exhibits are handled in person. Under Delaware County Local Rule 205.4, exhibits for a hearing officer in an equitable distribution case are not e-filed; the parties bring copies, which the hearing officer returns or gives to court staff to shred. Local Rule 5103 adds that exhibits before a divorce hearing officer are not a matter of record. Bring enough copies for the hearing officer and the other side, and keep your own set. A checklist of documents to start gathering is in what to bring to a divorce consultation.

The issues usually include the house, retirement accounts and debts, valued under the inventory and pretrial statement rules; see who gets the house. Pensions call for their own math, covered in how pensions and retirement accounts are divided.

What does the hearing officer's report contain?

After the hearing, the hearing officer files the report within 20 days in an uncontested matter or 30 days in a contested one, and immediately serves each side with a copy and written notice of the right to demand a hearing de novo (Rule 1920.55-3(b)). The report includes findings of fact, conclusions of law and a recommended disposition (Rule 1920.53). Rule 1920.54 requires separate sections:

How alimony factors are weighed is covered in how long alimony lasts in Pennsylvania.

How do I challenge the report, and what are the deadlines?

Pennsylvania lets each county choose between two procedures (Rule 1920.55-1). Delaware County is certified under Rule 1920.55-3, the de novo procedure, according to the list kept by the Supreme Court's Domestic Relations Procedural Rules Committee. That matters, because the steps differ from those in neighboring counties.

In Delaware County, if a demand is filed, the court holds a hearing de novo and enters a final decree (1920.55-3(c)). The county handbook describes it: the assigned judge may first hold a pretrial conference, the trial is more formal, witnesses are sworn, testimony is recorded and admitted evidence becomes part of the record, and the judge then issues a final equitable distribution order addressing property and alimony. The trial is held in the main Courthouse. The county fee schedule lists $300 for an appeal from the hearing officer in equitable distribution. The steps in the other two counties are described in what to expect in Chester County family court. Montgomery's local scheduling rules are in what to expect in Montgomery County family court.

What happens after the final decree?

No motion for post-trial relief may be filed to the final decree (1920.55-3(e)). The court's order on marital property must state its reasons (Rule 1920.52(a)), and the percentage for each asset or group of assets and the reason for it (23 Pa.C.S. 3506). A party who wants appellate review files a notice of appeal within 30 days after the order is entered (Pa.R.A.P. 903(a)); the county handbook says a notice of appeal in a divorce case is filed in the Office of Judicial Support, Room 124, first floor of the Government Center. If a spouse then does not comply, the court can enter judgment, order a sale, attach wages, award fees or find contempt (3502(e)).

The divorce decree itself can issue once the economic claims are decided, unless the court has bifurcated the case, which without agreement requires the showing in 23 Pa.C.S. 3323(c.1) (Rule 1920.52(c)). The overall timeline is in how long a divorce takes.

What changes the answer?

• Whether grounds are established. Until they are, a hearing officer may only help with discovery or settlement (1920.51(a)(1)(ii)(B)).
• The date of separation. If it is disputed through a counter-affidavit, a hearing officer may be appointed to hear that issue and report (1920.51(a)(1)(ii)(D)); see why the date of separation matters.
• Whether you need money before the end. The court may order an interim partial distribution of marital property at any stage (3502(f)).
• What is classified as marital. The hearing officer lists marital and non-marital property separately (1920.54(c)); the tests are in what counts as marital property.
• Compliance with the case management order. Failures can bring sanctions under Rules 4019 and 1920.33(c) and (d), including counsel fees or exclusion of evidence (Local Rule 1920.54).
• Custody. A divorce hearing officer may not hear legal, sole, primary or shared physical custody (1920.51(a)(2)(ii)); custody runs on its own track.
• Settlement. Spouses can settle at any stage, and the agreement can then be enforced like a court order (23 Pa.C.S. 3105(a)). Using a mediator for part of the case is covered in whether to use mediation or go to court.

For example: a disputed house value and a 401(k)

Here is a hypothetical. A couple in Ridley Park separated after 16 years. They agree the house and one spouse's 401(k) are marital, but they disagree about the house's value and about a car one spouse says was bought with an inheritance. After the case management conference, both file pretrial statements; one attaches an appraiser's report and the other lists only an online estimate.

At the unrecorded hearing, the hearing officer reviews the documents, hears both spouses and the appraiser, and later files a report listing the house and 401(k) as marital and the car as non-marital, with a proposed split and the 3502(a) factors discussed. The spouse who disagrees files a written demand for a hearing de novo on day 12. The judge hears the case fresh, on the record, and enters a final order stating a percentage and reason for each asset. This example only illustrates the procedure; it does not predict any result.

What mistakes do people make before and at the hearing?

• Treating the pretrial statement as a formality. Evidence beyond its fair scope can be barred (1920.33(d)(2)).
• Listing an expert without a report. Rule 1920.33(b)(2) requires the report to be attached.
• E-filing exhibits. In Delaware County, bring copies to the hearing instead (Local Rule 205.4).
• Assuming there will be a transcript. The hearing is non-record unless the hearing officer allows reporting on request.
• Missing the 20-day demand. The deadline runs from mailing or receipt, whichever is first (1920.55-3(c)).
• Filing exceptions or a post-trial motion in Delaware County. The county uses the de novo demand, and post-trial motions are not allowed (1920.55-3(e)).

What should I do this week?

1. Confirm your inventory was filed and note the filing date.
2. Calendar every date in the case management order, especially the pretrial statement deadline.
3. Collect statements for each account as of the separation date and the latest month.
4. Decide whether you need an appraisal or other expert, and leave time for the report.
5. Prepare a numbered exhibit set, with copies for the hearing officer and the other side.
6. Write a proposed split you could live with, asset by asset.
7. When the report arrives, note the date it was mailed and count 20 days.

Frequently asked questions

Is the hearing officer a judge?

No. The court appoints the hearing officer to hear the claims and recommend a result (Rule 1920.51(a)). A permanent hearing officer may not practice family law before the officers or judges of the same judicial district (1920.51(a)(4)).

Can I get a transcript of the hearing officer's hearing?

Only if you apply and the hearing officer agrees to have the hearing reported, and you make the arrangements (Local Rule 1920.54). Otherwise there is no record, and a de novo hearing before a judge starts fresh.

How soon after the hearing will I get the report?

The rule requires the hearing officer to file it within 20 days in uncontested matters and 30 days in contested ones (1920.55-3(b)(1)). Watch your mail, because the 20 days to demand a judge can run from the mailing date.

Is alimony decided at the same hearing?

Usually, yes. The county handbook says the hearing officer addresses property, alimony, legal fees and costs at the hearing, and the report must have a separate alimony section (1920.54(b)). The difference between alimony and temporary support is explained in spousal support, APL or alimony.

What does the hearing cost in court fees?

The county's schedule lists $250 for the motion for appointment of a hearing officer and $300 for an appeal from the hearing officer. The full list is in what a divorce costs in Delaware County.

What if nobody challenges the report?

The court reviews the report and recommendation and, if it approves, enters a final decree (1920.55-3(d)). The county handbook puts it simply: the judge accepts the recommendations and signs them as a final order.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a property division hearing in Delaware County. Evening and weekend appointments are available.