Karen Ann Ulmer, P.C.
Legal & Mediation Services
“Calming the Chaos, Creating Solutions”
Call for a Confidential Consultation
866-567-9029 or 215-752-6200
Practice Areas
Watch our Video

Finality in Divorce

Sections 3331-3333 of the Divorce Code discuss the potential to review a divorce after a decree has been issued. The general policy is in favor of finality to avoid endless litigation, however certain circumstances will warrant reconsideration. First, parties should act as timely as possible. Section 3331 limits attacks on decrees. An appeal is the only option where one of the parties has died. There is a two year limit to take action specifically where the party questioning the decree had knowledge of the circumstances supporting the attack and failed to timely take action. Section 3332 outlines when a decree may be opened or vacated. In general, there is a thirty day time limit to request review of an Order pursuant to 42 Pa. C.S. 5505.

Click below to read more.

Section 3332 also draws a distinction between intrinsic fraud and extrinsic fraud. Intrinsic fraud must be alleged within the thirty day time limit whereas extrinsic fraud has a time limit of five years. Intrinsic fraud refers to an issue that was adjudicated. Extrinsic fraud refers to a situation where a party was precluded from having their fair chance at adjudication altogether. Examples of extrinsic fraud include where a party was kept unaware of the proceedings or by promise of a false compromise. There is no extrinsic fraud where the party had ample opportunity to object earlier in the proceedings and simply failed to do so.

Click here to read more on divorce.

No Comments

Leave a comment
Comment Information
  • Avvo Rating
  • 10.0 Superb
  • 2014 top 100 lawyers ASLA
  • Overall Client Rating in Family Law - 4.8 out of 5.0

Office Locations

Langhorne Office
174 Middletown Boulevard
Suite 300
Langhorne, PA 19047

Toll Free: 866-567-9029
Phone: 215-752-6200
Fax: 215-752-6202
Langhorne Law Office Map

Doylestown Office
44 East Court Street
Doylestown, PA 18901

Toll Free: 866-567-9029
Phone: 215-348-3800
Fax: 215-752-6202
Doylestown Law Office Map

Norristown Office
516 DeKalb Street
2nd Floor
Norristown, PA 19401

Toll Free: 866-567-9029
Phone: 215-752-6200
Fax: 215-752-6202
Map & Directions