Q: Does my divorce have to be filed in the same county I was married in in Pennsylvania?
I contacted a lawyer’s office about divorcing my husband (he agrees and does not want to contest anything, we have no kids, and we have no property to split) and they agreed they could help me, I paid them, and the last I spoke to them they are filing the final pipework with the court for the divorce decree. The office is filing the paperwork in Potter County, Pennsylvania but I live in and was married in Montgomery County, Pennsylvania. At the very beginning of my journey to find a lawyer for the divorce, I was told (by a completely different office) that in Pennsylvania a divorce has to be filed in the same county it was performed in. Is that true and if so, would that make the divorce my lawyer is filing now invalid?
A: The divorce action does not have to be filed in the county where you were married but should be filed in the county where one of you resides. There are attorneys who will file for the divorce in other counties, such as Potter County, because the filing fees are less but I would not recommend doing that, For one, if you ever find yourself having to enforce any part of your divorce settlement agreement, you'll have to go to Potter County to do so. In my opinion, the cbest advice is to file in a county where you or your husband resides and not in a county that has no contacts with you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
