how long do I have to live in Pennsylvannia before filing for divorce from my spouse who lives in Colorado. I am here with my two young children
Optional Information: Elizabethtown, PennsylvaniaAlready Tried: nothing at this time
You would need to be a resident for a period of six months. Below is the Pennsylvania statute of residency requirements to file for divorce.Pennsylvania Domestic Relations code
(a) Jurisdiction.--The courts shall have original jurisdiction in cases of divorce and for the annulment of void or voidable marriages and shall determine, in conjunction with any decree granting a divorce or annulment, the following matters, if raised in the pleadings, and issue appropriate decrees or orders with reference thereto, and may retain continuing jurisdiction thereof:
(b) Residence and domicile of parties.--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.
(c) Powers of court.--The court has authority to entertain an action under this part notwithstanding the fact that the marriage of the parties and the cause for divorce occurred outside of this Commonwealth and that both parties were at the time of the occurrence domiciled outside this Commonwealth. The court also has the power to annul void or voidable marriages celebrated outside this Commonwealth at a time when neither party was domiciled within this Commonwealth.
(d) Foreign forum.--After the dissolution or annulment of a marriage in a foreign forum where a matter under subsection (a) has not been decided, a court of this Commonwealth shall have jurisdiction to determine a matter under subsection (a) to the fullest extent allowed under the Constitution of the United States.
(e) Venue.--A proceeding for divorce or annulment may be brought in the county:
Suspension by Court Rule. Section 3104(e) was suspended by Pennsylvania Rule of Civil Procedure No. 1920.91, as amended July 15, 1994, insofar as it applies to the practice and procedure in actions for divorce or annulment of marriage.
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