For a Pennsylvania court to have authority over a divorce case, it must have both subject matter jurisdiction and personal jurisdiction over the parties involved.
If the court has personal jurisdiction over just one party, it can still grant a divorce on an ex parte basis. However, to make decisions regarding property division, spousal support, child support, and custody, the court needs personal jurisdiction over both parties.
Residence and Domicile: Two important terms related to jurisdictional issues in divorce are:
- Residence: Refers to a person’s address, and one can have multiple addresses.
- Domicile: Refers to a person’s primary residence, combined with the intent to stay there permanently. 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, showing that the person not only resides in Pennsylvania but intends to remain there.
After meeting the six-month residency requirement, the matrimonial courts can fully address all divorce-related matters, including:
- Granting the divorce or annulment.
- Division of property.
- Custody issues.
- Spousal support or alimony.
- Attorney’s fees.
- Enforcement of separation agreements.
- Other matters related to the divorce process.
Once jurisdiction is confirmed, the next step is to establish the grounds for the divorce. Divorce Lawyer R. Badet is an experienced attorney, committed to supporting clients through all stages of divorce, from simple to complex cases. With extensive knowledge of divorce law, R. Badet is ready to help you achieve the best outcome. For more information, visit his website or call for a free consultation. He is well-respected in the legal community, handling both Family Law and Criminal Law cases.