2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 31 - Preliminary Provisions
3104 - Bases of jurisdiction.

     § 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 May
     5, 1997, insofar as it applies to the practice and procedure in
     actions for divorce or annulment of marriage.

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