Pennsylvania courts can only hear a divorce if they have both subject matter jurisdiction and personal jurisdiction over the parties:
- If the court has personal jurisdiction over one spouse, it can grant a divorce ex parte (without the other spouse’s direct participation).
- However, the court must have personal jurisdiction over both spouses to divide property and address matters like spousal support, child support, or custody.
Residence and Domicile
Two important terms affect jurisdiction in a Pennsylvania divorce:
- Residence – A person’s address or place of living (an individual may have multiple residences).
- Domicile – A person’s primary place of residence, coupled with the intent to remain there (each individual has one domicile).
Six-Month Residency Requirement
Before filing for divorce, the spouse initiating the action must live in Pennsylvania for six consecutive months. Doing so establishes a presumption of domicile in Pennsylvania—meaning the individual intends to stay there. Once the residency requirement is met, Pennsylvania’s matrimonial courts can address every aspect of the divorce, including:
- Granting the divorce or annulment
- Equitable distribution of property
- Child custody
- Spousal support or alimony
- Attorney’s fees
- Enforcement of separation agreements
- Any other issue related to the marital action
After confirming jurisdiction, the next step is to determine the grounds for the divorce.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers experienced representation at every stage of divorce, addressing both straightforward and complex matters, as well as child support, custody, and spousal support. His extensive background in both Family Law and Criminal Law litigation helps him pursue the best possible outcomes for each client. For more information about your legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation.
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