IfI was married in the Bahamas last year and lived in PA my whole life, can I file for divorce in PA?

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IfI was married in the Bahamas last year and lived in PA my whole life, can I file for divorce in PA?

Asked on June 28, 2011 under Family Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It is a common misconception that you must be divorced in the place where the marriage took place. The fact is that once residency is established in a state, a party to a divorce can file there regardless of what state or country that the marriage occurred. In PA, either spouse must be a resident of the state for at least 6 months prior to filing. Additionally, proceeding can be filed in the county:

  • Where the defendant resides;
  • If the defendant resides outside of the Commonwealth, where the plaintiff resides;
  • Of matrimonial domicile, if the plaintiff has continuously resided in the county;
  • Prior to 6 months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides; or
  • After 6 months after the date of final separation, where either party resides.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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