In Pennsylvania, courts must have both subject matter jurisdiction and personal jurisdiction over the individuals involved in a divorce case. The court can grant a divorce on an ex parte basis if it has personal jurisdiction over at least one party. However, to address property division, spousal support, child support, or custody issues, the court must have personal jurisdiction over both parties.
Residence and Domicile: Two key terms are essential for determining jurisdiction in a divorce case: (1) residence and (2) domicile.
- Residence refers to a person’s address, and one individual can have multiple residences.
- Domicile refers to a person’s primary residence, along with the intent to remain there. A person can only have one domicile.
Six-Month Residency Requirement: To establish personal jurisdiction, the petitioner must have lived in the state for at least six months before filing for divorce. This six-month period serves as presumptive proof of domicile, meaning the petitioner not only resides in Pennsylvania but also intends to stay there.
Once this residency requirement is met, the family courts in Pennsylvania have full authority to handle all aspects of the divorce, including:
- Granting the divorce or annulment
- Dividing property
- Determining custody arrangements
- Deciding on spousal support or alimony
- Awarding attorney’s fees
- Enforcing separation agreements
- Managing all other matrimonial matters
After establishing jurisdiction, the next step is to determine the grounds for the divorce.
Divorce Lawyer R. Badet is a seasoned attorney with expertise in navigating both simple and complex divorces, as well as issues of spousal support, child support, and custody. He is committed to securing the best possible outcome for his clients. For more information on your legal options, visit his website at www.lawyersfordivorces.net or call for a free consultation. He is a respected attorney with years of experience in both family and criminal law.