For a divorce to be granted in Pennsylvania, the courts must have both subject matter jurisdiction and personal jurisdiction over the parties involved. The court can grant a divorce on an ex parte basis if it has personal jurisdiction over at least one of the parties. However, personal jurisdiction over both parties is required for decisions regarding property division, spousal support, child support, and custody.
Residence and Domicile: Two important terms relate to jurisdictional issues in divorce cases:
- Residence refers to a person’s address, and an individual can have multiple residences.
- Domicile is a person’s primary residence combined with the intention to stay 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 period serves as presumptive proof of domicile, indicating not only that the individual’s primary residence is in Pennsylvania but also that they intend to remain there.
After meeting the six-month residency requirement, the matrimonial courts in Pennsylvania have full authority to handle all aspects of the divorce, including:
- Granting a divorce or annulment
- Dividing property
- Determining custody
- Ordering spousal support or alimony
- Awarding attorney’s fees
- Enforcing separation agreements
- Addressing all other matters related to the divorce.
Once jurisdiction is established, the next step is to determine the grounds for divorce. Divorce Lawyer R. Badet is an experienced divorce attorney dedicated to guiding clients through every stage of the divorce process. His practice covers both simple and complex divorces, spousal support, child support, and custody matters. Visit his website to learn more about your legal rights and options: www.lawyersfordivorces.net, or call for a free consultation. With many years of experience, R. Badet is a respected litigation attorney specializing in Family and Criminal Law.