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Q: How does Pennsylvania handle jurisdiction issues and recognition of foreign divorces?
I am involved in a divorce proceeding in England and am appealing because I believe the jurisdiction should be Pennsylvania, not England. Despite my husband relocating to Bulgaria, he claims to reside in England, and I have evidence to the contrary. The UK court did not acknowledge this and limited my ability to defend myself. I am seeking information on Pennsylvania laws that could support my case, particularly on Pennsylvania not recognizing a foreign divorce if it believes it has jurisdiction. Additionally, can I file for spousal support, alimony, and property division in Pennsylvania if the case proceeds in England?
A:
In Pennsylvania, courts will generally recognize a foreign divorce if it was validly granted in the country where it was issued and both parties had a fair opportunity to be heard. However, Pennsylvania can refuse recognition if it finds that the foreign court lacked proper jurisdiction or that due process rights were denied. If you can demonstrate that your husband was not truly residing in England and that you were restricted from presenting your defense, you may have grounds to challenge recognition of the UK divorce here.
If Pennsylvania courts find that they have jurisdiction because you are a resident and your husband does not legitimately reside in England, they can move forward with handling the divorce. That would allow you to seek spousal support, alimony, and property division under Pennsylvania law. Even if the foreign divorce is ultimately recognized, Pennsylvania still has authority to decide support matters when one spouse resides here, since those are ongoing obligations tied to your financial needs and circumstances.
The most important step is to gather your evidence about your husband’s relocation to Bulgaria and the way the UK proceedings limited your ability to defend yourself. With that documentation, you can ask a Pennsylvania court not only to take jurisdiction but also to protect your rights to support and property division. By raising these issues here, you are keeping the door open for Pennsylvania to ensure your interests are addressed even if England continues to assert jurisdiction.
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