Jurisdiction for Divorce in Philadelphia

Jurisdiction for Divorce in Philadelphia

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.

Divorce Lawyer R. Badet is an experienced divorce lawyer and dedicated to helping his clients at every stage of the divorce process. His practice includes simple and complex divorces, spousal support, child support, and child custody. Divorce Lawyer R. Badet is a knowledgeable divorce attorney. He has the experience needed to obtain the best possible outcome for your situation! Visit his website to learn more about your legal rights and options: www.lawyersfordivorces.net, call for a free consultation.  He is a highly respected and experienced attorney with many years of experience. He is an experienced litigation attorney who represents our clients in both Family Law and Criminal Law matters.