§ Rule 1920.15 Counterclaim Subsequent Petition

Rule 1920.15. Counterclaim. Subsequent Petition

    (a) The defendant may set forth in an answer under the heading “Counterclaim” a cause of action of divorce or for annulment and, whether the defendant does so or not, may set forth any other matter which under the Divorce Code [FN1] may be joined with an action of divorce.

    (b) The defendant may file to the same term and number a subsequent petition raising any claims which under the Divorce Code may be joined with an action of divorce or for annulment. The averments shall be deemed denied unless admitted by an answer.

    Note: See Rule 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.

    [FN1] 23 P.S. § 101 et seq.