Couples and families move to different states or countries all the time. Whether you got a new job, want to be closer to family, or simply want to have an adventure, it is not unusual for two spouses to move to a different state. But what happens if you decide you want to end the marriage after you have moved? If you got married in a different state but want to get a divorce in Pennsylvania, it is crucial that you understand your legal rights and options. Continue reading and speak with a York County, PA divorce attorney for more information.
Can I Get a Divorce in PA if I Got Married in a Different State?
Yes, you can get a divorce in Pennsylvania even if you got married in a different state. Where the marriage originally took place does not matter in terms of where you can file for divorce. While many people believe that a divorce must be filed in the same state where the marriage occurred for jurisdiction purposes, in reality, divorce laws are based on residency. As long as the marriage is legally recognized in the state, the couple can file for divorce.
How Can I Get Divorced in Pennsylvania?
In order to file for divorce in Pennsylvania, you must make sure that you understand all regulations and that the state courts have jurisdiction over your case. To do so, you have to meet the residency requirement.
In Pennsylvania, in order to file for divorce, at least one spouse must have lived in the state for at least six months directly before filing. This is outlined in PA Consolidated Statutes § 3104(b), which states the following.
“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.”
Why is Residency Important?
If you got married in a different state but want to get divorced in Pennsylvania, residency is one of the most important factors to consider. Your residency in the state determines whether Pennsylvania courts have jurisdiction over your divorce.
Once you have established valid residency, a PA court can legally handle the case and make rulings on matters such as the division of property, the allocation of debts, spousal support, child custody, and child support.
To learn more about your legal rights and responsibilities during your divorce, reach out to a skilled attorney today.
