In Pennsylvania, there are two types of jurisdiction that must be satisfied for a court to grant a divorce: subject matter jurisdiction and personal jurisdiction. Here’s what you need to know about each:
1. Subject Matter Jurisdiction
- Subject matter jurisdiction refers to the court’s authority to hear and decide a divorce case. In Pennsylvania, family courts have subject matter jurisdiction over divorce cases, meaning that the court can handle matters related to divorce and other family law issues.
2. Personal Jurisdiction
- Personal jurisdiction refers to the court’s authority over the parties involved in the case. For a divorce, the court must have personal jurisdiction over at least one party to grant a divorce. However, to divide property or rule on issues such as spousal support, child support, or custody, the court must have personal jurisdiction over both parties.
Residence and Domicile: Key Definitions
Two terms are crucial when determining jurisdiction in divorce cases: residence and domicile.
- Residence:
- This refers to your address or where you live. A person can have multiple residences.
- Domicile:
- Domicile is your primary residence plus the intent to remain there indefinitely. A person can have only one domicile.
Six-Month Residency Requirement
- To establish personal jurisdiction in Pennsylvania, you must reside in the state for at least 6 months before filing for divorce. This six-month period serves as presumptive proof that you are domiciled in Pennsylvania (i.e., your primary residence is in Pennsylvania, and you intend to remain there).
Once you meet the residency requirement, Pennsylvania matrimonial courts have the authority to handle all aspects of your divorce, including:
- Granting the divorce or annulment
- Property division
- Child custody
- Spousal support or alimony
- Attorney’s fees
- Enforcement of separation agreements
- Other matters related to matrimonial actions
Next Step: Establish Grounds for Divorce
Once personal jurisdiction is established, the next step is to prove the grounds for divorce. In Pennsylvania, there are both no-fault and fault-based grounds for divorce.
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