In Pennsylvania, courts require both subject matter jurisdiction and personal jurisdiction over the individuals involved to proceed with a divorce case.
- If the court has jurisdiction over only one party, it can grant a divorce through an ex parte proceeding.
- To address property division, spousal support, child support, or custody, however, the court must have jurisdiction over both parties.
Key Terms for Jurisdiction
Jurisdiction for divorce involves understanding two important terms:
- Residence: Refers to the address of a person (one may have multiple residences).
- Domicile: Indicates a person’s primary residence coupled with the intention to remain there (a person can have only one domicile).
Six-Month Residency Requirement
To establish personal jurisdiction for filing a divorce in Pennsylvania, the petitioner must reside in the state for at least six months. This period serves as presumptive evidence of domicile, confirming both primary residence and intent to stay in Pennsylvania.
Powers of Matrimonial Courts After Jurisdiction
Once jurisdiction is established, the court has full authority to decide on:
- Granting the divorce or annulment.
- Property division.
- Custody arrangements.
- Spousal support or alimony.
- Attorney’s fees.
- Enforcement of separation agreements.
- Other issues related to matrimonial actions.
After confirming jurisdiction, the next step involves establishing the legal grounds for the divorce.
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