To file for divorce in Pennsylvania, the courts must have both subject matter jurisdiction and personal jurisdiction over the parties involved. If the court has personal jurisdiction over at least one party, it can grant the divorce on an ex parte basis (without the other party’s presence). However, to handle property division, spousal support, child support, and custody, the court must have personal jurisdiction over both parties.
Residence and Domicile: Two important concepts are relevant in divorce jurisdiction cases: (1) residence and (2) domicile.
- Residence refers to a person’s address, and one person can have multiple residences.
- Domicile is a person’s primary residence, along with the intent to remain there, and a person can only have one domicile.
Six-Month Residency Requirement: To establish personal jurisdiction, the petitioner must have lived in Pennsylvania for at least six months prior to filing for divorce. This six-month period is seen as proof of domicile, meaning not only does the person live in Pennsylvania, but they also intend to stay.
Once the six-month requirement is met, the courts have full authority to address all aspects of the divorce, including:
- Granting the divorce or annulment
- Property division
- Custody arrangements
- Spousal support or alimony
- Attorney’s fees
- Enforcement of separation agreements
- Other matrimonial matters
After jurisdiction is established, the next step is to determine the grounds for the divorce. Divorce Lawyer R. Badet is an experienced attorney committed to guiding clients through every stage of the divorce process, from simple to complex cases. He is dedicated to achieving the best outcomes for his clients. For more information about your rights and options, visit his website or call for a free consultation. He is a highly respected attorney with extensive experience in both Family Law and Criminal Law.