Pennsylvania Divorce Residency Requirements
In order to file your Complaint for Divorce in Pennsylvania, you must make sure the Court of Common Pleas has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Pennsylvania residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
Either spouse must be a resident of the state of Pennsylvania for at least six months prior to filing. A proceeding for divorce or annulment may be brought in the county: A.where the defendant resides; B.if the defendant resides outside of this Commonwealth, where the plaintiff resides; C.of matrimonial domicile, if the plaintiff has continuously resided in the county; D.prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides; or E.after six months after the date of final separation, where either party resides. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3104)
Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Pennsylvania. It is most common that people file for a divorce in the county in which they live. You can also read more about the Pennsylvania residency requirements in the Pennsylvania state statutes located at: https://www.legis.state.pa.us/. If you are unsure of whether or not you meet the Pennsylvania residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
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