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Home·Practice Areas· Divorce: ED Hearing

Equitable Distribution Hearing in Allegheny County

When equitable distribution does not settle at conciliation, the case proceeds to hearing. What goes into the record before the hearing officer is what the result is built from.

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What Is the ED Hearing?

The Equitable Distribution Trial in Allegheny County

The equitable distribution hearing — also called the DHO hearing or the equitable distribution trial — is the full evidentiary proceeding before the Divorce Hearing Officer (DHO) where contested property division is resolved. It happens when settlement has not been reached through one or more conciliations. DHO hearings take place at Suite 700½ of the City-County Building, with accessible accommodations available on request.

ED hearings are scheduled in court-time blocks: a half-day hearing runs three hours, a full-day hearing runs six hours, and complex matters run multiple days. Both parties pay in advance for the hearing officer's time. The block is set at scheduling based on a realistic assessment of what the case requires. How a particular hearing actually unfolds depends on the witnesses, the documentary record, and what is genuinely contested.


What Is at Issue

The Questions the Hearing Officer Decides

  • What is marital property versus separate property?
  • What is the value of each marital asset and debt?
  • Applying the statutory equitable distribution factors, how should the marital estate be divided?
  • Is alimony necessary, and if so, in what amount and for what duration?

Each of these questions requires evidence — valuations, financial records, testimony. The hearing officer decides based on what is presented, not on what is assumed to be true.


Preparation Is Everything

What Must Be Ready Before the Hearing

  • Updated and complete Marital Asset and Liability Summary (MALS)
  • Pre-trial statement identifying contested issues and anticipated evidence
  • Expert reports (real estate appraisals, business valuations, forensic accounting) submitted in advance
  • Witness list and witness preparation
  • Documentary evidence organized and ready to enter into the record
  • Legal arguments on the contested valuation and classification issues

The DHO hearing creates a record. That record is the foundation for any appeal or exceptions to the hearing officer's recommendation. Exhibits that were not entered at the hearing, arguments that were not made, witnesses who were not called — none of these can be added on appeal. What is in the record is what counts.


After the Hearing

The Recommendation and Exceptions

After the hearing, the Divorce Hearing Officer issues a recommendation — a proposed division of the marital estate and any alimony determination. Either party can file exceptions to the recommendation, which are reviewed by a judge. The exceptions process is not a new hearing — it reviews whether the hearing officer made a legal or factual error in the recommendation. If no exceptions are filed or if exceptions are denied, the recommendation is adopted as the final order.

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Heading Toward an Equitable Distribution Hearing?

Full preparation before the hearing is essential. Attorney Levine handles these matters directly — first call is free.

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