In Pennsylvania, courts must have both subject matter jurisdiction and personal jurisdiction over the parties involved. As long as 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 to make decisions about property division, spousal support, child support, and custody.
Residence and Domicile:
There are two important terms related to jurisdiction in divorce cases: (1) residence, and (2) domicile.
- Residence refers to a person’s address, and a person can have multiple addresses.
- Domicile refers to a person’s primary residence and their intention to stay 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 that not only is Pennsylvania the petitioner’s primary residence, but they also intend to remain in the state.
Once the six-month requirement is met, Pennsylvania’s matrimonial courts have full authority to handle all aspects of the divorce, including:
- Granting the divorce or annulment
- Dividing property
- Determining custody
- Deciding on spousal support or alimony
- Awarding attorney’s fees
- Enforcing separation agreements
- Addressing all other matrimonial matters
After establishing jurisdiction, the next step is to determine the grounds for divorce.
Divorce Lawyer R. Badet is an experienced attorney who helps clients navigate every stage of the divorce process, from simple to complex cases involving spousal support, child support, and custody. With his extensive experience, he is dedicated to achieving the best possible outcome for your situation. For more information on your legal rights and options, visit his website at www.lawyersfordivorces.net or call for a free consultation.