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back to top You do not have to remain at the same address to fulfill your residency requirement.
You can move anywhere within the state from which you are filing. But whatever you do, do not maintain a residence in another state that could imply that you do not intend to remain in the state from which you file.
The testimony is all that most courts require to verify residency. The fault grounds for divorce in Pennsylvania are: 1. Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable. Knowingly entering a bigamous marriage while a former marriage is still existing. Sentenced to imprisonment for a term of two (2) years upon conviction of having committed a crime. Imposed such indignities on the innocent spouse as to render that spouse's condition intolerable and life burdensome. Insanity or serious mental disorder which has resulted in confinement in a mental institution for at least eighteen (18) months immediately before the filing of the complaint, and where there is no reasonably prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action.
But cases have been dismissed and even overturned because of improper proof of residency. Willful and malicious desertion and absence from the marital home, without a reasonable cause, for the period of one (1) or more years. Mutual Consent - A mutual consent divorce will be granted where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of the commencement of an action and an affidavit has been filed by each of the parties evidencing that each party consents to the divorce.
Generally, the Common Pleas court with jurisdiction for your case is the Common Pleas court in the county where you live or the Common Pleas court in the county where your spouse lives.
When you file the relevant papers, you must have stated your grounds for that court to have jurisdiction.
It is also important in determining the value of the martial property.
This section explains the subject of divorce law in Pennsylvania.
It is designed to provide general legal information and is not a substitute for legal advice provided by an attorney who is a member of the Pennsylvania Bar.
If not state correctly, your spouse could file a motion to dismiss your case.
After you file your papers, your spouse has 30 days (if your spouse lives in Pennsylvania), 60 days (if your spouse lives outside of Pennsylvania, but in the United States), or 90 days (if your spouse lives outside the United States) to respond to your request for divorce (known as a Complaint).