(a) The defendant may state a cause of action of divorce or for annulment in an answer under the heading ‘‘Counterclaim’’.
Rule 1920.15.Counterclaim. Subsequent Petition.
Adopted June 27, 1980 · Last amended July 30, 2018 · Last verified June 30, 2026
In one sentenceRule 1920.15 lets a divorce defendant assert a divorce or annulment claim by counterclaim and addresses raising claims by subsequent petition.
Full Text of Rule 1920.15
(b) Except as otherwise provided in these rules, the defendant may:
(1) join as separate counts in the counterclaim the ancillary claims that may be joined with an action of divorce or for annulment under the Divorce Code; or
(2) file to the same term and number a subsequent petition raising the ancillary claims that may be joined with an action of divorce or for annulment under the Divorce Code.
(c) The averments in the counterclaim shall be deemed denied unless admit- ted by an answer.
Plain-English Summary
A divorce defendant can seek relief of their own. This rule lets the defendant state a cause of action for divorce or annulment in the answer under the heading 'Counterclaim,' and addresses raising additional claims by subsequent petition as the case develops. The defendant is not limited to defending the plaintiff's complaint.
Frequently Asked Questions
Can a divorce defendant file their own divorce claim?
Yes, by counterclaim in the answer.
Official Note
Official Note: See Pa.R.C.P. No. 1920.31, which requires the joinder of certain related claims under penalty of waiver. A claim for alimony must be raised before the entry of a final decree of divorce or annulment. See Pa.R.C.P. No. 1920.31(a)(2) as to raising claims for child support, spousal support, and alimony pendente lite. See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.
Amendment History
The provisions of this Rule 1920.15 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 January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended July 30, 2018, effective July 1, 2019, 48 Pa.B. 4960. Immediately preceding text appears at serial page (392646).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: divorce counterclaimcounterclaim for divorcesubsequent petition divorce