In Pennsylvania, the court must have both subject matter jurisdiction and personal jurisdiction to process a divorce case.
Key Jurisdictional Requirements:
- If the court has personal jurisdiction over one party, it can grant the divorce on an ex parte basis.
- However, personal jurisdiction over both parties is required for property division, spousal support, child support, and custody rulings.
Residence vs. Domicile:
Understanding the following terms is essential for jurisdictional matters:
- Residence: Refers to an individual’s address (a person may have multiple residences).
- Domicile: Refers to an individual’s primary residence combined with their 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 Pennsylvania for at least six months before filing for divorce.
- This residency requirement serves as presumptive proof of domicile, implying both primary residence and intent to stay in Pennsylvania.
Court Powers After Jurisdiction Is Established:
Once the six-month residency requirement is met, Pennsylvania’s matrimonial courts have full authority to address all aspects of the divorce, including:
- Granting divorce or annulment.
- Dividing property.
- Determining child custody.
- Awarding spousal support or alimony.
- Assessing attorney’s fees.
- Enforcing separation agreements.
- Resolving other marital matters.
After jurisdiction is confirmed, the next step involves establishing the grounds for divorce.
For professional assistance with divorce filings and proceedings, contact Divorce Lawyer R. Badet, who offers affordable legal support for all stages of the process, including consent divorces starting at $599.
Contact Divorce Lawyer R. Badet:
- Phone: (267) 277-2641
- Website: www.lawyersfordivorces.net
- Services: Free consultations and expert representation in divorce, spousal support, child custody, and more.
Start your journey with confidence by reaching out today.