Alternative Pleading in a Divorce Action? Not So Fast!

When filing a dispute complaint, it appears that a typical lawyer's standard pleading philosophy is to make as many claims as theoretically possible, relying on the court or opposing counsel to take the appropriate action to strike the weakest claims; a strategy often referred to as "throw as much mud against the wall and see what sticks!" The Pennsylvania Rules of Civil Procedure (Pa. RCP 1020 and 1021) appear to support such a strategy by specifically allowing alternative pleading as well as pleading contradictory claims. In fact, the Supreme Court of Pennsylvania has explicitly ruled that "