1. (a) The averments in the complaint as to the divorce or annulment, ancillary claims that may be joined under the Divorce Code, and petitions for special relief under these rules shall be deemed denied unless admitted by an answer. Notwithstanding the foregoing, the court may require a response to a petition for special relief.

2. (b) The averments of the Affidavit under Section 3301(d) of the Divorce Code and the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code shall be deemed admitted unless denied by counter-affidavit.

   Official Note

   See Pa.R.C.P. No. 1920.72(e)(2) and (3) for the counter-affidavits.

   Explanatory Comment

   Subdivision (a) has been amended to clarify that the averments in a petition for special relief in a divorce or annulment action are deemed to be denied unless admitted by an answer.

   Subdivision (b) has been amended to include divorces under Section 3301(c)(2) of the Divorce Code. The process for obtaining a divorce under Sections 3301(c)(2) and (d) are similar. Subdivision (b) requires that the averments in the affidavit be denied by counter-affidavit and, as such, if the non-moving party fails to file a counter-affidavit denying the averments in the Affidavit to Establish Presumption of Consent or the Affidavit under Section 3301(d) of the Divorce Code, the affidavit’s averments are deemed admitted.

Source

The provisions of this Rule 1920.14 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5324; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended April 11, 2007, effective immediately, 37 Pa.B. 1959; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059. Immediately preceding text appears at serial pages (394387) to (394388).