For Pennsylvania courts to handle a divorce case, they 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 just one party. However, for the court to divide property or make decisions about spousal support, child support, or custody, it must have personal jurisdiction over both parties.
Residence and Domicile:
When dealing with jurisdictional issues in divorce cases, two key terms are important: (1) residence, which refers to a person’s address (a person can have multiple residences), and (2) domicile, which refers to a person’s primary residence and their intention to remain there (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 before filing for divorce. This period serves as presumptive proof of domicile, meaning that not only do you have your primary residence in Pennsylvania, but you also intend to stay there.
Once the six-month residency requirement is met, Pennsylvania courts have full authority to handle all aspects of the divorce, including:
- Granting the divorce or annulment
- Dividing property
- Deciding on custody matters
- Determining spousal support or alimony
- Awarding attorney’s fees
- Enforcing separation agreements
- Handling any other matters related to the divorce
After establishing jurisdiction, the next step is to determine the grounds for the divorce.
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