When one spouse has filed for divorce, alleging that the marriage is irretrievably broken, and the other spouse fails to file an answer and dies before any judgment is entered, the grounds for divorce have not been established within the meaning 23 Pa.C.S. § 3323(g)(3) if no affidavit has been filed that complies with section 23 Pa.C.S. § 3301(d), and judicial estoppel does not apply even though a petition for special relief alleged that “grounds here have been established” because the petition did not allege facts necessary to 3301(d), so the divorce action was discontinued and the rights of the parties were to be determined under the Probate, Estates and Fiduciaries Code. Shell v. Estate of Shell, 2023 PA Super 295, ___ A.3d ___ (10/3/2023).