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.
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