Guardian Properly Represented Divorcing Spouse

Husband filed for divorce and died after grounds for divorce were established, so equitable division of marital property was determined in accordance with the Divorce Code. The husband had initiated the divorce proceedings and participated in the proceedings for nearly three years without any question raised about his mental competency, which was only questioned after grounds for divorce were established. A guardian for the husband was appointed, and his guardian represented the husband’s interests even though she was never a named party to the proceedings, so the divorce proceedings did not need to be dismissed and the equitable distribution award will not be set aside. Other issues raised on appeal were deemed to have been waived. DiLucente v. DiLucente, 1138 WDA 2023 and 1139 WDA 2023 (Pa. Super. 7/30/2024) (non-precedential).

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