Est. of V. Tinker-Moor v. Moor, P., 2040 EDA 2024

Virginia Tinker-Moor (Wife) filed for divorce from Peter Moor (Husband) under Pennsylvania law, citing irreconcilable differences and over one year of separation.
Wife signed the required § 3301(d) affidavit, but died four days later, before the affidavit was officially filed or served.
After Wife's death, her estate sought to continue divorce proceedings and resolve property matters under the Divorce Code instead of probate law.
Husband objected, arguing the divorce action abated (ended) automatically upon Wife’s death because grounds for divorce had not been formally established by the court.
The trial court agreed with Husband, abated and dismissed the divorce action with prejudice, ruling that no divorce decree or economic resolution under divorce law was possible posthumously without sufficient pre-death filings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can a divorce be abated and dismissed when the § 3301(d) affidavit and notice were recorded post-death?	Grounds for divorce can be established after a party’s death as statute uses future tense ("the court determines").	Grounds must be established (filing, serving, and any response period elapsed) before death, or the action abates.	The court held that grounds must be established prior to death for § 3323(d.1) to apply; dismissed the action.

In re Estate of Easterday, 171 A.3d 911 (Pa. Super. 2017) (action in divorce abates upon the death of either party)
Berry v. Berry, 197 A.3d 788 (Pa. Super. 2018) (divorce action dies with party; grounds for divorce necessary for economic claims)
McWilliams v. McWilliams, 324 A.3d 602 (Pa. Super. 2024) (grounds for divorce must be established prior to death for economic rights to be resolved under Divorce Code)