For a divorce case in Pennsylvania, the courts must have both subject matter jurisdiction and personal jurisdiction over the parties involved. If the court has personal jurisdiction over one party, it can grant the divorce on an ex parte basis. However, to handle matters such as property division, spousal support, child support, and custody, the court must have personal jurisdiction over both parties.
Residence and Domicile: There are two important terms to understand when addressing jurisdictional issues in divorce: (1) residence, which refers to a person’s address (and they can have multiple addresses), and (2) domicile, which refers to a person’s primary residence and the intent 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 prior to filing for divorce. This six-month period is seen as presumptive proof of domicile, meaning not only that Pennsylvania is your primary residence but also that you intend to remain in the state.
Once this six-month requirement is met, the court has full authority to address all aspects of the divorce, including:
- Granting the divorce or annulment
- Dividing property
- Custody matters
- Spousal support or alimony
- Attorney’s fees
- Enforcing separation agreements
- Any other matters related to the divorce process.
After establishing jurisdiction, the next step is to determine the grounds for the divorce.
Divorce Lawyer R. Badet is a skilled divorce attorney committed to guiding clients through every stage of the divorce process. Whether the divorce is simple or complex, his expertise covers spousal support, child custody, and child support. Visit his website for more information on your legal rights and options, or call for a free consultation. He is a highly respected attorney with extensive experience in both Family Law and Criminal Law matters.