This section outlines the limitations on challenging divorce or annulment decrees in Pennsylvania. It specifies when and how such decrees can be questioned, including timeframes and grounds for opening or vacating them, and addresses issues of res judicata and estoppel to prevent re-litigation.
No, in Pennsylvania, the validity of a divorce or annulment decree cannot be questioned after the death of either party, except by appeal during the parties' lifetimes.
A decree can be opened if there was intrinsic fraud or new evidence, and vacated if it was obtained through extrinsic fraud, lack of jurisdiction, or a fatal defect, within specified timeframes.
A motion to vacate a void or voidable decree must be made within five years after the final decree's entry.
Intrinsic fraud involves perjury or false testimony within the case, while extrinsic fraud involves external actions that prevent a fair hearing, such as concealment or deception outside the record.