In Pennsylvania, a court must have authority over both the subject matter and the individual spouses:
- Subject Matter and Personal Jurisdiction
- If the court has proper personal jurisdiction over at least one spouse, it can grant a divorce on an ex parte basis.
- However, to address property division, spousal support, child support, and custody, the court needs personal jurisdiction over both parties.
- Residence vs. Domicile
- Residence: A person’s address—note that someone can have multiple addresses.
- Domicile: A single, primary residence plus the intention to remain there.
- Six-Month Residency Requirement
- The filing spouse must have lived in Pennsylvania for at least six months before starting the divorce.
- After six months, the presumption is that Pennsylvania is that spouse’s domicile, establishing the court’s authority.
Once this residency condition is met, the family court has complete equitable powers to handle all aspects of the divorce, including:
- Granting the divorce or annulment
- Equitable distribution of property
- Child custody matters
- Spousal support or alimony
- Attorney’s fees
- Enforcement of separation agreements
- Other divorce-related issues
The next stage, after confirming jurisdiction, is to establish valid grounds for the divorce.
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