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 10 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.

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