In order for a Philadelphia court to grant a divorce, it must have both subject matter jurisdiction and personal jurisdiction over the parties involved. Here’s a breakdown of how these work:
Subject Matter Jurisdiction:
This refers to the court’s authority to hear and decide a divorce case. Pennsylvania courts automatically have subject matter jurisdiction over divorce cases.
Personal Jurisdiction:
Personal jurisdiction refers to the court’s power over the individuals involved in the case. If the court has personal jurisdiction over one party, it can grant a divorce even on an ex parte (one-sided) basis. However, for the court to divide property or adjudicate matters like spousal support, child support, and custody, personal jurisdiction over both parties is required.
Residence and Domicile:
Two important terms for divorce jurisdiction are residence and domicile.
- Residence: This refers to a person’s address. A person can have multiple residences, for example, a home in one state and a vacation home in another.
- Domicile: This is a person’s primary, permanent residence and the intent to remain there. Unlike residence, a person can only have one domicile.
Six-Month Residency Requirement:
To establish personal jurisdiction for divorce in Pennsylvania, the petitioner (the person filing for divorce) must have been a resident of Pennsylvania for at least six months prior to filing. The six-month residency requirement is presumptive proof of domicile, which means that the petitioner must show that Pennsylvania is not just their primary residence, but that they intend to live in Pennsylvania permanently.
Once the six-month residency requirement is met, the matrimonial courts in Pennsylvania have full equity powers to adjudicate all aspects of the divorce, including:
- Granting the divorce or annulment
- Dividing property
- Deciding custody arrangements
- Awarding spousal support or alimony
- Determining attorney’s fees
- Enforcing separation agreements
- Addressing all other matrimonial matters
Next Step: Grounds for Divorce
Once jurisdiction is established, the next step is to determine the grounds for divorce. The grounds are the legal reasons for the divorce and can range from fault-based grounds (like adultery) to no-fault grounds (such as irreconcilable differences).
Need Help with Divorce in Philadelphia?
If you’re facing a divorce and need an experienced attorney, Divorce Lawyer R. Badet is here to help. With extensive experience in both simple and complex divorces, as well as in spousal support, child support, and child custody cases, Divorce Lawyer R. Badet can provide the guidance and representation you need to navigate the divorce process.
Visit his website to learn more about your legal rights and options, or call for a free consultation. Whether you need help with residency issues, child custody, property division, or anything else related to divorce, R. Badet is here to support you.
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