Part 1920 · Actions Of Divorce or For Annulment Ofmarriage

Rule 1920.15. Counterclaim. Subsequent Petition

Amended July 30, 2018 (current)

(a) The defendant may state a cause of action of divorce or for annulment in an answer under the heading ‘‘Counterclaim’’.

(b) Except as otherwise provided in these rules, the defendant may:

(1) join as separate counts in the counterclaim the ancillary claims that may be joined with an action of divorce or for annulment under the Divorce Code; or

(2) file to the same term and number a subsequent petition raising the ancillary claims that may be joined with an action of divorce or for annulment under the Divorce Code.

(c) The averments in the counterclaim shall be deemed denied unless admitted by an answer. Official Note See Pa.R.C.P. No. 1920.31, which requires the joinder of certain related claims under penalty of waiver. A claim for alimony must be raised before the entry of a final decree of divorce or annulment. See Pa.R.C.P. No. 1920.31(a)(2) as to raising claims for child support, spousal support, and alimony pendente lite . See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania .