For a Pennsylvania court to handle a divorce case, it must have subject matter jurisdiction and personal jurisdiction over the parties involved.
- If the court has personal jurisdiction over only one spouse, it can grant a divorce on an ex parte basis.
- To divide property, award spousal support, or rule on child custody and child support, the court must have personal jurisdiction over both spouses.
Understanding Residence and Domicile
In divorce jurisdiction cases, two key terms apply:
- Residence – This refers to a person’s address; an individual can have multiple residences.
- Domicile – This refers to a primary residence combined with the intent to remain in that location. A person can have only one domicile.
Six-Month Residency Requirement
To establish personal jurisdiction, the filing spouse must have lived in Pennsylvania for at least six months before filing for divorce.
- The six-month requirement serves as presumptive proof of domicile, meaning the filer not only lives in Pennsylvania but intends to remain in the state.
- Once this requirement is met, Pennsylvania matrimonial courts have full authority to handle all aspects of the divorce.
What Can Pennsylvania Courts Decide in a Divorce Case?
Once jurisdiction is established, the court has the power to handle:
- Granting the divorce or annulment
- Dividing marital property
- Determining child custody and visitation
- Awarding spousal support (alimony)
- Ordering child support payments
- Awarding attorney’s fees
- Enforcing separation agreements
- Deciding all other matters related to the marriage
After confirming jurisdiction, the next step is to establish the grounds for divorce.
Need Legal Help with Your Divorce?
Attorney R. Badet is a highly experienced divorce lawyer in Pennsylvania, handling both simple and complex divorces. His expertise includes child custody, property division, and spousal support.
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If you are considering a divorce in Pennsylvania, having an experienced attorney can help you navigate the legal system smoothly. Contact Attorney R. Badet today for expert guidance.