Pennsylvania courts must have subject matter jurisdiction and personal jurisdiction over the parties.
- As long as the court has proper personal jurisdiction over one party, the court can properly grant the divorce on an ex parte basis.
- However, the court needs to have personal jurisdiction over BOTH parties in order to divide property, and to adjudicate spousal support, child support, and custody.
Residence and domicile: There are two key definitions that you need to keep in mind when it comes to jurisdictional questions involving divorce: (1) residence, and (2) domicile.
- (1) Residence: residence means a person’s address, (a person can have many addresses), and
- (2) Domicile: domicile means a person’s primary residence plus the intent to remain, (a person can only have one domicile).
Six months residency requirement:
In order for personal jurisdiction to be established, the petitioner must reside in the state for 6 months before filing for a divorce, (note that the 6 months is a presumptive proof of domicile, i.e., not only that you have your primary residence in Pennsylvania, but that you intend to remain in Pennsylvania.)
Once you meet the six months requirement, the matrimonial courts have full equity powers to adjudicate all aspect of the divorce, such as:
- (1) Granting the divorce or annulment;
- (2) Property division;
- (3) Custody;
- (4) Spousal support or alimony;
- (5) Attorney’s fees;
- (6) Enforcement of separation agreements; and
- (7) All other matters related to matrimonial actions.
Once you have jurisdiction, the next step is to establish the grounds for the divorce.
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