To file for divorce in Pennsylvania, the courts must have both subject matter jurisdiction and personal jurisdiction over the parties involved.
Subject Matter Jurisdiction:
Pennsylvania courts have subject matter jurisdiction over divorce cases, meaning they have the authority to hear and decide divorce cases. However, they must also have personal jurisdiction over both parties to address all aspects of the divorce, such as the division of property, spousal support, child custody, and child support.
Personal Jurisdiction:
- Personal jurisdiction refers to the court’s authority over the parties involved in the case.
- The court must have personal jurisdiction over both parties to divide property or address issues like support and custody.
- If the court has personal jurisdiction over only one party, it may grant the divorce on an ex parte basis (a divorce without the other spouse’s participation), but it cannot address other matters like custody or property division.
Residence and Domicile:
The court will consider two concepts when determining jurisdiction:
- Residence: This refers to a person’s address. A person may have multiple residences.
- Domicile: This refers to a person’s primary residence and their intent to remain in that place. A person can only have one domicile.
Six-Month Residency Requirement:
For Pennsylvania courts to have personal jurisdiction over you, the petitioner must have been a resident of the state for at least six months before filing for divorce. This six-month residency requirement serves as presumptive proof of domicile, meaning that not only do you reside in Pennsylvania, but you also intend to remain there.
Once the six-month residency requirement is met, the court will have full jurisdiction to address the following matters:
- Granting the divorce or annulment.
- Division of property.
- Custody of children.
- Spousal support or alimony.
- Attorney’s fees.
- Enforcement of separation agreements.
- Other matters related to the divorce.
Next Steps After Jurisdiction:
Once jurisdiction is established, the next step is to determine the grounds for the divorce, whether it is based on fault or no-fault grounds.
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Divorce Lawyer R. Badet is an experienced attorney who can guide you through the divorce process in Philadelphia. He provides legal assistance with simple and complex divorces, including issues related to spousal support, child support, and custody.
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