Michael E. Bertin of Obermayer Rebmann Maxwell & Hippel. Courtesy photo Superior Court Examines Death of a Party Pending a Divorce Action
In the recent case of Shell v. Shell, the Pennsylvania Superior Court addressed the issue of when a divorce litigant dies prior to a party filing an affidavit under 3301(d). In the Shell matter, a divorce action was instituted, and prior to either party filing an affidavit under Section 3301(d), the husband passed away.
February 06, 2024 at 09:27 AM
6 minute read
In 2005, the Pennsylvania Divorce Code was amended and provided that a divorce action will not abate upon the death of a party, so long as the grounds for divorce have been established. That amendment was a major change to divorce law. Prior thereto, if a party died during the pendency of a divorce action, no matter how far along in the divorce process the parties were at the time that a party died, the divorce action would abate and the property rights would be determined under the Probate Estates and Fiduciary Code (PEF Code), 20 Pa. C.S. Sections 101-8815.
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