Pennsylvania courts must establish subject matter jurisdiction and personal jurisdiction over the parties involved:
- If the court has personal jurisdiction over only one party, it can grant a divorce ex parte (without the other party’s presence).
- For matters involving property division, spousal support, child support, or custody, personal jurisdiction over both parties is required.
Definitions of Residence and Domicile:
- Residence: Refers to a person’s address, and one can have multiple residences.
- Domicile: Refers to a primary residence combined with the intent to remain there permanently. A person can only have one domicile.
Six-Month Residency Requirement:
- Before filing for divorce, the petitioner must have resided in Pennsylvania for at least six months, which serves as presumptive proof of domicile. This demonstrates both physical presence and intent to remain in the state.
Court Powers After Establishing Jurisdiction:
Once the six-month residency requirement is met, Pennsylvania matrimonial courts have full authority to address all aspects of a divorce, including:
- Granting a divorce or annulment,
- Dividing property,
- Determining custody,
- Awarding spousal support or alimony,
- Awarding attorney’s fees,
- Enforcing separation agreements, and
- Resolving any other related matrimonial issues.
The next step after establishing jurisdiction is identifying the grounds for divorce.