When you get married, you generally do not intend to ever get divorced, but things happen and circumstances change. If you no longer live in the place where you got married, you may wonder how it will affect your ability to file for divorce. The jurisdiction for a divorce depends on where the couple or spouses live at the time that the divorce petition is filed. If you were married in a different state but want to get divorced in Pennsylvania, you have the legal right to do so, given that you can prove the state has jurisdiction. If you have questions or concerns about the process, reach out to a knowledgeable Montgomery County divorce lawyer today.
Can I Get Divorced in PA if I Was Married in a Different State?
Yes, if you were originally married in a different state, it will not stop you from being able to get divorced in Pennsylvania. People move to different places in the United States all the time, whether for work, to be closer to friends and family, for educational opportunities, or just because they want to. As long as Pennsylvania can claim jurisdiction over the relevant issues of the divorce, like property division, alimony, child custody, and child support, you can file for divorce here regardless of where you first got married.
What Are Pennsylvania’s Residency Requirements for Divorce?
Pennsylvania Consolidated Statutes § 3104(b) outlines the residency requirements for individuals seeking a divorce in the state. The law is as follows.
“No spouse is entitled to commence an action for divorce or annulment under this part unless at least one of the parties has been a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement of the action. Both parties shall be competent witnesses to prove their respective residence, and proof of actual residence within this Commonwealth for six months shall create a presumption of domicile within this Commonwealth.”
Essentially, one or both spouses must be residents of the state for at least 6 months leading up to the filing of the divorce papers. Being a “bona fide” resident means having physical presence in the state and demonstrating the intention to stay. This can be proven by procuring a state driver’s license, voter registration, employment, taxes, and more.
Why Would You Want to File for Divorce in a Different State?
Not everyone remains in the same state for their whole lives, regardless of where they grew up or got married. If you lived in one state but later moved to Pennsylvania, it is probably easier to file here and avoid traveling or working with attorneys from out of state.
Pennsylvania offers no-fault divorces, which allow the couple to divorce without proving fault. This can make the process faster and less contentious. It is also an equitable distribution state, meaning that marital property is divided fairly, not necessarily equally. These are all attractive characteristics of a divorce, so it makes sense why someone would want to file in PA if they had the chance.
