To handle divorce cases in Pennsylvania, courts require both subject matter jurisdiction and personal jurisdiction over the involved parties.
- If the court has jurisdiction over one spouse, it can issue a divorce judgment ex parte.
- However, to address issues like property division, spousal support, child support, or custody, the court must have jurisdiction over both spouses.
Key Terms: Residence vs. Domicile
Understanding these terms is crucial for determining jurisdiction:
- Residence: Refers to any place where a person lives. Individuals may have multiple residences.
- Domicile: Refers to a primary residence coupled with the intent to remain there. A person can have only one domicile.
Six-Month Residency Requirement
To establish jurisdiction for filing a divorce, the petitioner must have lived in Pennsylvania for at least six months prior to filing. This duration serves as presumptive proof of domicile, indicating the individual resides primarily in the state and intends to remain there.
Court Authority After Establishing Jurisdiction
Once the residency requirement is satisfied, Pennsylvania courts have broad powers to handle all aspects of a divorce, including:
- Issuing the divorce decree or annulment.
- Dividing marital property.
- Determining custody arrangements.
- Awarding spousal support or alimony.
- Deciding on attorney fees.
- Enforcing separation agreements.
- Addressing any other matrimonial matters.
The next phase after establishing jurisdiction involves determining the grounds for the divorce.
For professional legal guidance, contact Divorce Lawyer R. Badet, who specializes in assisting clients with every step of the divorce process. From straightforward cases to complex disputes involving spousal or child support, Attorney Badet offers expertise to secure the best outcome. Call (267) 277-2641 or visit www.lawyersfordivorces.net for more information.