Filing for Divorce in Chester County
Do you have questions on where to file your divorce or family law matter? Get the most out of your Chester County family law attorney: get the benefit of a fighter with the keen insight and sound judgment to navigate you through the stress, anger and sorrow of your Chester County domestic litigation. Our Team is made up of attorneys who have established a reputation within the legal community for having a reasonable approach toward obtaining settlement resolution for clients or successfully litigating cases against an unreasonable spouse or opposing lawyer.
Family Laws in Pennsylvania
Pennsylvania has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Pennsylvania residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Chester County Filing Requirements: In order to file for a divorce in Chester County, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
Either spouse must be a resident of Chester County for at least six months prior to filing. 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. (Pennsylvania Consolidated Statutes – Title 23 – Sections: 3104)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
- Do not proceed with a divorce and attempt to save your marriage.
- Establish residency in Chester County for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the necessary residency requirements for Pennsylvania.
- Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
Experienced Chester County Family Lawyer
At our Chester County family law office, our team of experienced lawyers are governed by a successful philosophy of being both reasonable and pragmatic; aggressive and proactive; understanding, all while being affordable. We understand that divorce may be the necessary solution to a difficult relationship both highly emotional and stressful. We are dedicated to helping you get through the legal process effectively so you can achieve the necessary mindset for a new beginning. For a free case evaluation, call the lawyers at Ciccarelli Law Offices today at (610) 692-8700.