For a divorce case to proceed 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 (without both parties being present). However, to make decisions regarding 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 dealing with jurisdictional issues in divorce cases:
- Residence refers to a person’s address, and an individual may have multiple residences.
- Domicile refers to a person’s primary residence and the intention to stay there, meaning a person can only have one domicile at a time.
Six-Month Residency Requirement:
To establish personal jurisdiction in Pennsylvania, the petitioner must have lived in the state for at least 6 months before filing for divorce. This six-month period serves as presumptive proof of domicile, indicating not just that the person resides in Pennsylvania, but also that they intend to remain there.
Once this residency requirement is met, the matrimonial courts have full authority to handle all aspects of the divorce, including:
- Granting the divorce or annulment
- Dividing property
- Determining custody arrangements
- Awarding spousal support or alimony
- Awarding attorney’s fees
- Enforcing separation agreements
- Addressing all other matters related to matrimonial issues
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 phase of the divorce process. Whether it’s a simple or complex divorce, child custody, spousal support, or other related matters, Divorce Lawyer R. Badet is dedicated to achieving the best possible outcome for your case. Visit his website for more information about your legal rights and options or contact him for a free consultation. With years of experience, he represents clients in both Family and Criminal Law cases.