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Bases of jurisdiction - 23 Pa. Cons. Stat. § 3104Legal Research Home > Pennsylvania Statutes
§ 3104. Bases of jurisdiction.
(a) Jurisdiction.--The courts shall have original
jurisdiction in cases of divorce and for the annulment of void
or voidable marriages and shall determine, in conjunction with
any decree granting a divorce or annulment, the following
matters, if raised in the pleadings, and issue appropriate
decrees or orders with reference thereto, and may retain
continuing jurisdiction thereof:
(1) The determination and disposition of property rights
and interests between spouses, including any rights created
by any antenuptial, postnuptial or separation agreement and
including the partition of property held as tenants by the
entireties or otherwise and any accounting between them, and
the order of any spousal support, alimony, alimony pendente
lite, counsel fees or costs authorized by law.
(2) The future care, custody and visitation rights as to
children of the marriage or purported marriage.
(3) Any support or assistance which shall be paid for
the benefit of any children of the marriage or purported
marriage.
(4) Any property settlement involving any of the matters
set forth in paragraphs (1), (2) and (3) as submitted by the
parties.
(5) Any other matters pertaining to the marriage and
divorce or annulment authorized by law and which fairly and
expeditiously may be determined and disposed of in such
action.
(b) Residence and domicile of parties.--No spouse is
entitled to commence an action for divorce or annulment under
this part unless at least one of the parties has been a bona
fide resident in this Commonwealth for at least six months
immediately previous to the commencement of the action. Both
parties shall be competent witnesses to prove their respective
residence, and proof of actual residence within this
Commonwealth for six months shall create a presumption of
domicile within this Commonwealth.
(c) Powers of court.--The court has authority to entertain
an action under this part notwithstanding the fact that the
marriage of the parties and the cause for divorce occurred
outside of this Commonwealth and that both parties were at the
time of the occurrence domiciled outside this Commonwealth. The
court also has the power to annul void or voidable marriages
celebrated outside this Commonwealth at a time when neither
party was domiciled within this Commonwealth.
(d) Foreign forum.--After the dissolution or annulment of a
marriage in a foreign forum where a matter under subsection (a)
has not been decided, a court of this Commonwealth shall have
jurisdiction to determine a matter under subsection (a) to the
fullest extent allowed under the Constitution of the United
States.
(e) Venue.--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.
Suspension by Court Rule. Section 3104(e) was suspended by
Pennsylvania Rule of Civil Procedure No. 1920.91, as amended
July 15, 1994, insofar as it applies to the practice and
procedure in actions for divorce or annulment of marriage.
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Last modified: November 27, 2007 |
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