Divorce Action Abated under PEF Code § 3375

An action for divorce did not automatically abate upon the death of one spouse because grounds for divorce had been established. The trial court properly allowed a petition for abatement under 20 Pa.C.S. § 3375 because it was not a waiver of the right to petition for abatement for the surviving spouse to wait for almost two years before filing a petition for abatement and it was not an abuse of discretion for the court to find that the delay in obtaining letters of administration for the estate of the deceased spouse was not reasonably explained. Schmitt v. Schmitt, 424 WDA 2023 (Pa. Super. 4/25/2024) (non-precedential).

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