Most contested divorces involving property division or alimony in Allegheny County eventually pass through a Divorce Hearing Officer — usually called a DHO. If you've been told your equitable distribution case is going to a DHO conciliation, or if you're trying to understand what comes before and after it, this is what you need to know.
What Is a Divorce Hearing Officer?
A Divorce Hearing Officer is a court-appointed attorney who conducts conciliations and hearings on economic claims in divorce cases — primarily equitable distribution of marital property and alimony. The DHO does not replace the assigned judge; they are a neutral third party who attempts to help parties reach a resolution or, if a hearing occurs, issues a formal Report and Recommendation for the judge to review.
The DHO process exists because contested equitable distribution cases are time-consuming and the court's docket cannot accommodate full judicial hearings for every case that fails to settle. The DHO system allows many of these cases to be resolved — or at least narrowed — before they reach a judge.
When Does a Case Go to a DHO?
A case reaches the DHO one of two ways:
- Judicial referral: The assigned judge refers the case to a DHO by court order
- Consent praecipe: Both parties agree to schedule a DHO conciliation directly, without waiting for a referral, by filing a signed Consent Praecipe
Before either path is available, two prerequisites must be met: (1) the parties are divorced, have both filed §3301(c) affidavits, or have lived separately for two years; and (2) both parties have filed their Inventory and Appraisement and Income and Expense Statements with the court.
Scheduling the DHO Conciliation
After a referral order is issued, both parties must mail or drop off a copy of the order — along with email contact information for all counsel and unrepresented parties — to the Docket Clerk at Family Law Center, Room 400, 440 Ross Street, Pittsburgh, PA 15219. A check payable to "Divorce Hearing Officer" for the full fee must accompany the order to prompt scheduling. Partial payment delays scheduling until the balance is paid.
The MALS: The Most Important Document You Will Prepare
Before every DHO equitable distribution conciliation, each party must submit a Marital Asset and Liability Summary (MALS) to the assigned DHO — with copies to the opposing party — no later than five days before the conciliation. This is not optional. Conciliations are cancelled when the MALS is not timely submitted.
The MALS must include a narrative with the following background information, because the DHO does not have access to the court file:
Required MALS contents
- Date of marriage and date of separation
- Ages and dates of birth of both parties
- Educational background of both parties
- Number of children (minor and emancipated) and their ages
- Employment and general income information for each party
- Prior marriages of either party
- Any prenuptial or postnuptial agreements
- Budget information, if relevant to support or alimony
- Date complaint was filed and served
- Date of any answer, counterclaim, or petition raising claims
- All counts raised and currently pending
- Dates and amounts of any support orders
- Dates and terms of any custody orders
- Identification of any claims consolidated with equitable distribution
What Happens at the Conciliation
DHO conciliations are scheduled as three-hour sessions and are conducted remotely via teleconference or Microsoft Teams. The DHO reviews the MALS submissions from both parties, facilitates discussion, and works with the parties and counsel to reach a settlement on equitable distribution and any alimony claims. Both sides have the opportunity to present their positions, identify disputed assets, and propose resolutions.
If the parties reach an agreement, it is reduced to a consent order and submitted to the assigned judge for signature. If no agreement is reached, the DHO may schedule a hearing where testimony and evidence are presented, after which the DHO issues a formal Report and Recommendation.
If You Disagree With the DHO's Recommendation: Filing Exceptions
After a DHO hearing, the Report and Recommendation is filed with the Department of Court Records. If you disagree with any part of it, you have 20 days from the date it is filed to file exceptions. This deadline is absolute.
File exceptions with the Department of Court Records
File the original with Civil/Family Division. Serve copies on the assigned judge, the DHO, and the opposing party or their counsel.
Cross-exceptions (if applicable)
The other party may file cross-exceptions within 20 days of the date of service of the original exceptions.
Order the transcript
The party filing initial exceptions must immediately request and pay the deposit for transcription of the complete DHO hearing record. File a copy of the transcript request with the Department of Court Records.
File briefs
Exceptant's brief is due within 20 days after the record is filed. Respondent's brief is due within 20 days of the exceptant's brief. No brief may exceed 25 pages.
Praecipe for argument date
Once all briefs are filed, either party may praecipe for an argument date with the Judicial Docket Clerk in Room 400. The case is typically listed within two months.
The Most Expensive Mistake in DHO Cases
The MALS. Specifically, submitting it late, submitting it incomplete, or treating it as a formality. The DHO is conducting a three-hour conciliation without access to your file. Everything they know about your case comes from what you put in that document. A weak MALS going in puts you at a disadvantage from the first minute of the session.
The second most expensive mistake: missing the 20-day exceptions window after a DHO recommendation you disagree with. Once it passes, you have lost the ability to challenge that recommendation.
18 years of DHO conciliations in Allegheny County
I've prepared MALS documents and participated in DHO conciliations consistently throughout my practice. The preparation before that three-hour session is what determines the outcome. If your equitable distribution case is heading toward a DHO — or if you've received a recommendation you want to challenge — let's talk before the deadline passes.