Gordon v. Gordon

I join the majority’s decision which allows the appellant, Rosemarie Gordon, the opportunity to proceed under the new Divorce Code. The Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, 23 P.S. § 101 et seq. However, I cannot subscribe to the majority’s views (1) that the words “upon application granted” “necessarily impl[y] that the court must exercise some discretion,” at 692, (emphasis added) and (2) that “in most cases, the answer should be easy; for the legislature has stated its objectives, and the philosophy underlying them, with clarity.” Id.

First of all, in this writer’s mind,…