Legal Question in Family Law in Pennsylvania
husband file divorce in other state
My husband and i live in pa, where it would requre two years of legal separation before divorce can be filed. If he trys to move to other state to file divorce petition to get quick divorce, would the divorce case take place at the state where he files and under that state's law.
1 Answer from Attorneys
Re: husband file divorce in other state
To get a divorce in PA one possible ground is 2 years separation. Note: there is no such thing as a legal separation in PA. There are other grounds such as consent that allow you to get a divorce if both parties consent after a 90 day waiting period.
Assuming you husband moves to another state then when he would sue you for divorce he would have to have lived in the state for some period of time before filing. In Pennsylvania that is 6 months. I can't state with any certainty what the residency period would be in another state especially because we don't know which state he might move to.
Assuming he met the residency requirement the court in that state would lack personal jurisdiction unless you gave consent to personal jurisdiction.
Generally you have to file in the jurisdiction where the defendant lives. There maybe some exceptions but none come to mind.
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{John}