Law Office of Joanne Kleiner

Archives for October 2016

Oct 20

The Divorce Residency Requirements in Pennsylvania

Divorce Residency

There’s a common misperception that you must file for divorce in the state in which your marriage took place. Though that’s not accurate, there are some limitations on where you can file. Before you can seek to have a marriage terminated through a divorce proceeding in Pennsylvania, you must first meet a number of procedural requirements, including verification that the courts in Pennsylvania will have jurisdiction over the proceedings. The first step is to meet the residency requirements. If you file a complaint, but don’t meet the residency requirements, your legal action will simply be dismissed.

In order to file a complaint for divorce in Pennsylvania, at least one of the parties must have been a resident of the state for a minimum of six months. There is no requirement that both parties meet the residency requirement. A Pennsylvania resident can sue a non-resident for divorce in a Pennsylvania court, or a Pennsylvania resident may be sued in Pennsylvania by a non-resident plaintiff.

In addition to the state residency requirement, there’s also a residency requirement to determine which county court is the proper venue for the divorce filing. If the defendant lives in Pennsylvania, the divorce complaint must be filed in the county in which the defendant resides. If the defendant lives in another state, the plaintiff may bring the action in the county where he or she claims residence. If the defendant lives in the state, the filing party may bring the lawsuit in the “county of matrimonial domicile,” i.e., where the parties lived during marriage, but only if the plaintiff has continued to live there.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Oct 07, 2016

Grandparents’ Rights in Pennsylvania

When a marriage ends and there are minor children in the home, the changes brought about can have a devastating impact on more than parents and their kids. Other relatives who had developed bonds with the children, including grandparents, can experience a tremendous sense of loss.

The Rights of Grandparents in Divorce Proceedings in Pennsylvania

It’s always permissible for the parents of any children of divorce to agree to allow visitation with grandparents. Unfortunately, that doesn’t happen very often. Even in the absence of parental consent, grandparents may petition the court for visitation rights, under the following conditions:

  • At least one of the parents is deceased
  • Where the parents’ marriage is legally dissolved or the parents have not cohabitated in at least six months, or
  • The child has lived with grandparents for a least a year

As with all matters related to custody and visitation in Pennsylvania, any determination related to grandparent visitation must be evaluated in terms of whether it will be in the best interests of the child. The court must also consider the nature of the grandparent-grandchild relationship before the request for visitation, and must also conclude that granting visitation will not unreasonably interfere with the parent-child relationship.

Grandparents who seek physical custody of a minor grandchild will be required to show that such a grant is not only in the best interests of the child, but will encourage and permit frequent and continuing contact with the parent. If the child is subsequently adopted, all visitation rights end, unless the adopter is a grandparent.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.