For a divorce to proceed in Pennsylvania, the court 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 a divorce without the other party’s involvement. However, to address matters such as property division, spousal support, child support, and custody, the court needs personal jurisdiction over both parties.
Residence and Domicile: Two important concepts to understand regarding jurisdiction in divorce cases are residence and domicile:
- Residence refers to a person’s address, and a person can have multiple residences.
- Domicile refers to a person’s primary residence and 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 the state for at least six months before filing for divorce. This six-month period serves as presumptive proof of domicile, meaning not only that Pennsylvania is your primary residence but also that you intend to stay in the state.
Once the six-month residency requirement is met, the matrimonial courts can address all aspects of the divorce, including:
- Granting the divorce or annulment
- Dividing property
- Deciding custody arrangements
- Awarding spousal support or alimony
- Awarding attorney’s fees
- Enforcing separation agreements
- Handling any other matters related to the divorce.
After jurisdiction is established, the next step is to determine the grounds for the divorce.
Divorce Lawyer R. Badet is a skilled attorney with extensive experience helping clients navigate the divorce process, including simple and complex cases, spousal support, child custody, and child support. He is committed to providing expert legal representation and helping you achieve the best possible outcome for your case. Visit his website or call for a free consultation to learn more about your legal options. He is a trusted attorney with a wealth of experience in both family law and criminal law matters.