Case Note: Can it be too early to appeal a decision in divorce?

Moore v. Hernandez (Pa. Super. Ct., 11/11/2025) - Equitable Distribution of Marital Assets and the Timeliness of an Appeal

Citation: No. 2227 EDA 2024
Parties: Michelle Moore (Wife) v. Mark Hernandez (Husband)
Facts in brief: The husband appealed an order of the Court of Common Pleas of Monroe County that denied his exceptions to the divorce master’s report and recommendation. A divorce master entered a report and recommendation on October 31, 2023.  On November 20, 2023, Husband filed exceptions to the report and recommendation. Wife also filed exceptions on December 4, 2023.  Both parties’ exceptions were denied on July 22, 2024 after oral arguments. Husband then timely appealed and raised four questions about the proportional distribution of the marital assets in favor of Wife, Wife’s earning potential, and Husband’s request for alimony. 

Holding: The Superior Court quashed (dismissed) the appeal. Since the dismissal of the exceptions did not enter a final decree of equitable distribution, it is not an appealable order. The case remanded back to the trial court for entry of a final order of equitable distribution and divorce decree, which would be a final order.
Key takeaway: Sometimes it can be unclear when a decision is appealable to an appellate court. If you are going through a divorce in Pennsylvania, this case reminds you that following procedural rules (exceptions to a master’s report, timely appeals, proper notice) is critical — failure may preclude review altogether. While Husband in this case had valid issues to he wanted to raise on appeal, he was too early as the order dismissing his and his wife’s exceptions was not one that could be appealed to Superior Court.