Requirements for Jurisdiction in Pennsylvania Divorces:
For Pennsylvania courts to proceed with a divorce, they must have both subject matter jurisdiction and personal jurisdiction:
- If the court has personal jurisdiction over at least one party, it can grant the divorce on an ex parte basis.
- To handle property division, spousal support, child support, or custody matters, the court must have personal jurisdiction over both parties.
Definitions of Residence and Domicile:
- Residence: Refers to a person’s address (individuals may have multiple residences).
- Domicile: Refers to the primary residence where the individual intends to remain (a person can have only one domicile).
Six-Month Residency Requirement:
To establish personal jurisdiction:
- The petitioner must reside in Pennsylvania for at least six months before filing.
- This six-month period is presumptive proof of domicile, showing the petitioner has their primary residence in the state and intends to stay.
Scope of Matrimonial Court Powers:
After meeting the six-month residency requirement, the court has broad authority to address:
- Granting divorce or annulment.
- Division of marital property.
- Child custody arrangements.
- Spousal support and alimony.
- Allocation of attorney’s fees.
- Enforcement of separation agreements.
- Any other issues related to the divorce.
Next Steps:
After jurisdiction is established, the petitioner must set forth the grounds for divorce.
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