Filing for divorce in the state of Pennsylvania is a matter of state law, and in turn, a petitioner (spouse seeking to file for divorce) must first ascertain whether the individual divorce case meets the residency requirements for filing in the state of Pennsylvania.
Pennsylvania Residency Requirements for Filing for Divorce
According to Pennsylvania Consolidated Statutes, Title 23 Section 3104, a petitioner seeking divorce or annulment must meet the following:
- The petition for dissolution of marriage (known as Complaint for Divorce in Pennsylvania) must be filed within the county of residence of a spouse not filing the petition (defendant)
- If other spouse resides outside of Pennsylvania, the petition is filed in the county of residence of the original petitioner (spouse seeking divorce)
- If both parties reside in the same county at least six (6) months before the date of separation, the county of jurisdiction remains the current residence of plaintiff petitioning spouse, if the defendant spouse agrees
- After six (6) months of separation, the jurisdiction becomes the current county of residence of either spouse
In most cases, jurisdiction issues over filing for divorce are easily resolved with the insight of a divorce lawyer, but depending on the case-specific nature of each divorce case, even items such as the county where filed may become an issue in dispute.
Grounds for Filing Divorce in Pennsylvania
Any Complaint for Divorce filed in the commonwealth of Pennsylvania must cite legally viable grounds for divorce. These grounds include:
- In a no-fault divorce, the plaintiff (spouse originally filing for divorce) may obtain a mutual consent divorce, if the both parties agree to the terms of the divorce, including citing the marriage has been irretrievably broken, and if ninety (90) days have passed since first steps taken toward divorce
- Another grounds for no-fault divorce includes citing the marriage has been irretrievably broken, which requires an affidavit testifying each party has resided in a separate domicile for at least two (2) years
- Fault based divorces are possible in Pennsylvania, with viable grounds for filing including willing desertion, adultery, cruel treatment (abuse), engaged in bigamy, or if spouse has been sentenced to imprisonment for more than two (2) years. Certain grounds for filing may also include maintaining an intolerable or unsafe living environment, per Pennsylvania Consolidated Statutes, Title 23, Section 3301
In any divorce filing, save for mutual consent divorces, the courts may order attendance at mediation counseling, with limited cases being exempted from this practice (such as cases involving domestic abuse of spouse or dependants).
Getting Legal Help with Divorce Filing in Pennsylvania
For more insight and assistance with the divorce filing process in Pennsylvania, individuals should consult with a divorce lawyer. The specific nature of each filing may ultimately influence the overall outcome of a divorce case, including affecting other case-specific issues common to divorce. Not only can a Pennsylvania divorce lawyer help address questions with the filing itself, but more importantly, legal counsel can provide insight into other issues common with the divorce process, including child custody, child support, alimony, asset division, and others, which are likely relevant to your case.
