McWilliams, C. v. McWilliams, M., 2024 Pa. Super. 224

Charlene A. McWilliams (Wife) filed for divorce from Dean A. McWilliams (Husband) in September 2021, alleging the marriage was irretrievably broken.
Husband filed two affidavits under 23 Pa.C.S.A. § 3301(d), claiming the parties had lived separate and apart for over a year and the marriage was irretrievably broken.
Wife did not file a counter-affidavit explicitly denying Husband's averments prior to his death on January 4, 2024 (though one was allegedly served and e-filed but not docketed).
After Husband's death, Wife moved to discontinue the divorce proceedings; the Estate opposed, arguing economic rights should be adjudicated under the Divorce Code.
The trial court granted Wife's motion to discontinue, finding divorce grounds were not established before Husband's death under Pa. R.C.P. 1920.17(d)(2).
The Estate appealed, contesting the interpretation and procedural requirements of establishing divorce grounds pre-death.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Were grounds for divorce established before Husband's death under § 3323(g)?	Husband's affidavit and absence of a timely denial established grounds per statute.	No admission/denial by Wife, and 20-day period not expired before death; thus, grounds not established.	Court held grounds were not established, as procedural requirements (20-day period/admission) were unmet.
Did the court err by not holding a hearing to determine if the marriage was irretrievably broken and parties lived apart for one year?	Court should have determined facts through hearing given preceding pleadings and affidavits.	Hearing not warranted because procedural prerequisites were unmet—no denied affidavit to resolve.	No error; no hearing required since grounds for divorce were not procedurally established.
Was Wife judicially estopped from contesting grounds for divorce based on her prior filings and conduct?	Wife's earlier pleadings and non-denial of Husband's affidavit estop her from opposing grounds.	No prior position successfully maintained; inconsistent conduct alone does not trigger estoppel.	Judicial estoppel does not apply; Wife's actions did not meet doctrine requirements.

Shell v. Shell, 304 A.3d 401 (Pa. Super. 2023) (clarifies that grounds for divorce under § 3301(d) are not established until the affidavit is admitted or denied and court resolves any denial)
Black v. Labor Ready, Inc., 995 A.2d 875 (Pa. Super. 2010) (sets standard for judicial estoppel in the context of inconsistent party positions)