Current through Register Vol. 54, No. 44, November 2, 2024
Rule 1920.17 - Withdrawing Complaint and Discontinuing Divorce Action. Withdrawing Ancillary Claims Raised in Pleading Notice. Death of Party(a)Withdrawing Complaint and Discontinuing Divorce Action. A plaintiff may withdraw a divorce complaint and discontinue the divorce action by: (1) a motion, except as provided in subdivision (a)(2), which has been served on the defendant; or(2) a praecipe, which includes the plaintiff's certification that: (i) neither equitable division of marital property nor custody claims are pending;(ii) the defendant has filed neither a counterclaim nor a separate petition raising claims; and(iii) the parties have not established grounds for divorce.(b)Withdrawing Ancillary Claims Raised in Pleadings. Without discontinuing the divorce action, the party who raised an ancillary claim may withdraw the claim by a praecipe filed with the prothonotary, except: (1) a party who raised an equitable division of marital property claim may withdraw the claim only: (i) with the parties' written and filed agreement, including as required by Pa.R.C.P. No. 1920.42(a)(4), (b)(4), or (c)(4);(ii) with the opposing party's written consent; or(iii) after filing and serving on the opposing party a notice that the party intends to withdraw the equitable division claim 20 days after service of the notice.(2) a party who raised a custody claim in a divorce action may withdraw the claim only as provided in Pa.R.C.P. No. 1915.3-1(b).(c) The notice required in subdivision (b)(1)(iii) shall be substantially in the following form: (Caption)
NOTICE OF INTENTION TO WITHDRAW CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY
TO:______________
(Plaintiff) (Defendant) intends to withdraw his or her pending claim for equitable division of marital property 20 days after the service of this notice. Unless you have already filed ancillary claims, which are permitted under the Divorce Code, including equitable division of marital property, you should do so within 20 days of the service of this notice, or you may lose the right to assert those ancillary claims, if the court enters a decree in divorce.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
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(Name)
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(Address)
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(Telephone)
(d)Death of a Party. (1) If a party dies after the parties have established grounds for divorce but before the court has entered the divorce decree: (i) the surviving spouse or the decedent's personal representative may only withdraw the complaint or an ancillary claim with the parties' written consent;(ii) the Divorce Code shall determine the disposition of an ancillary claim raised in a pleading, unless: (A) the parties have an agreement that resolves the ancillary claim; or(B) the parties have withdrawn the complaint or ancillary claim as provided in subdivision (d)(1)(i); and(iii) if a personal representative has not been appointed within one year of the decedent's death, upon motion of the surviving party, the court may allow the withdrawal or dismissal of the complaint or a pending ancillary claim.(2) If a party dies before the parties have established grounds for divorce, the divorce action abates, and the Probate, Estates, and Fiduciaries Code, 20 Pa.C.S. §§ 101et seq., controls the decedent's property disposition.The provisions of this Rule 1920.17 adopted May 6, 2015, effective 7/1/2015, 45 Pa.B. 2457; amended August 18, 2020, effective 10/1/2020, 50 Pa.B. 4385.