Divorce lawyers spend almost no time on the subject of pleadings. You don’t need to answer a divorce complaint. The rules specify that. You aren’t required to file a divorce counterclaim. And therein lies the lesson of Morris v. Morris 91 MDA 2026, decided on August 14.
The parties married in 2005 and separated in 2016. In late June 2017, wife filed for divorce and equitable distribution. In October 2025 wife filed (a) a 3301(d) affidavit of one year separation and (b) a withdrawal of her equitable distribution. That notice says that a party must file his/her economic claims within 20 days if he/she hasn’t done so. Husband filed a timely counter affidavit stating equitable distribution remained pending. The trouble here is that those claims were the ones filed by wife and she had withdrawn them.
Wife then filed a praecipe to ask the divorce be entered. Rule 1920.73 governs this and states that economic claims must be filed before the divorce is entered. The opinion says nothing about any filing by husband in response and a decree issued.
Husband then asked for the divorce to be vacated because there were economic claims. The courts ruled that those claims belonged to wife. Husband never sought equitable distribution and under Pa. R.C.P. 1920.17 he was served with a notice stating her intention to withdraw her claims and giving him 20 days to file his own claims. He didn’t. Game over. Superior Court agrees. Husband proffered that wife never filed a notice indicating her 1920.17 paperwork was served. The appellate court agrees but notes that husband had actual notice because he answered the pleading.
The lesson here is that you cannot assume once claims are filed they will be heard. In this case, wife filed to divide assets but probably realized that division would mean she would owe her husband money (often retirement assets). So, she withdrew her claims and said “Just divorce us.” Husband’s failure to follow up even though he was served with a paper saying to be careful, cost him any right to a division of property acquired during the marriage.
The case: J-A20007-26m – 106888730370152997.pdf
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