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West Chester PA family lawyer, Joshua A. Janis is a member of Ciccarelli Law Offices, which is located in Chester County Pennsylvania and represents divorce, custody, support and family law clients in Exton, Kennett Square, Downingtown, Phoenixville, Malvern, Coatesville, West Grove, Avondale, Oxford, Landenberg, Westtown, Parkesburg, Honey Brook and Glenmore. Ciccarelli Law Offices also serves the five county Philadelphia area, including Philadelphia, Chester, Delaware, Lancaster, and Montgomery counties and has locations to meet you in Springfield, Wayne, King of Prussia, Plymouth Meeting, Center City Philadelphia, and Lancaster. Disclaimer. Learn more by contacting Ciccarelli Law Offices.

Legal Separation in Pennsylvania

Pennsylvania has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Pennsylvania residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.

Pennsylvania Filing Requirements: In order to file for a divorce in Pennsylvania, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows: Either spouse must be a resident of the state of Pennsylvania for at least six months prior to filing. A proceeding for divorce or annulment may be brought in the county: 1.where the defendant resides; 2.if the defendant resides outside of this Commonwealth, where the plaintiff resides; 3.of matrimonial domicile, if the plaintiff has continuously resided in the county; 4.prior to six 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 5.after six months after the date of final separation, where either party resides. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3104)

If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:

1. Attempt to save your divorce and hold off on filing divorce

2. Establish residence in Pennsylvania for a period of at least Six months

3. Allow your spouse to file the Complaint if they meet residence requirements

4. Choose another state in which you or your spouse meet residency.

Contact Ciccarelli Law Office for an experienced attorney provide assistance with any questions you may have regarding your pending divorce. Contact West Chester Legal Separation Attorney Joshua Janis for more information or to discuss your potential divorce mediation case, by calling (610) 692.8700.