A motion to open a decree of divorce or annulment may be made only within the period limited by 42 Pa.C.S. ยง 5505 (relating to modification of orders) and not thereafter. The motion may lie where it is alleged that the decree was procured by intrinsic fraud or that there is new evidence relating to the cause of action which will sustain the attack upon its validity. A motion to vacate a decree or strike a judgment alleged to be void because of extrinsic fraud, lack of jurisdiction over the subject matter or a fatal defect apparent upon the face of the record must be made within five years after entry of the final decree. Intrinsic fraud relates to a matter adjudicated by the judgment, including perjury and false testimony, whereas extrinsic fraud relates to matters collateral to the judgment which have the consequence of precluding a fair hearing or presentation of one side of the case.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 33 - Dissolution of Marital Status
Section 3301 - Grounds for divorce
Section 3303 - Annulment of void and voidable marriages
Section 3304 - Grounds for annulment of void marriages
Section 3305 - Grounds for annulment of voidable marriages
Section 3306 - Proceedings to determine marital status
Section 3308 - Action where defendant suffering from mental disorder
Section 3309 - General appearance and collusion
Section 3321 - Hearing by master
Section 3323 - Decree of court
Section 3331 - Limitations on attacks upon decrees