When Is a Divorce Finally Over? Modifications and Special Relief
While a divorce decree is "final" and, supposedly, nonmodifiable 30 days after it is docketed, special relief is available when a party sees the need to appeal to the court's equitable powers to modify the specifics of a divorce decree.
January 26, 2023 at 11:46 AM
6 minute read
Like most of us family lawyers, I try to keep abreast of the continuing developments in our area of the law. There now exists a number of email services that fill the role of what we used to call "advance sheets." Now, instead of reading through the monthly booklet of new reported appellate decisions, I get an email, almost every day, with pertinent opinions from Pennsylvania's various appellate courts relative to my practice. These include both reported and unreported decisions. Ironically, sometimes the unreported decisions pique my interest more than the reported ones.
One such decision is Cardini v. Cardini, 1187 EDA 2022 (Pa. Superior, 12/19/2022). In that case the husband filed a petition for special relief pursuant to Pa. R.C.P. 1920.43, seeking discovery about his former wife's financial condition. This petition was filed 14 years after the entry of the divorce decree. The Monroe County Court of Common Pleas denied the petition and the Pennsylvania Superior Court affirmed.
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