Divorced in the USA

According to this blog, Avril Lavigne has filed for divorce from Deryck Wibley after 3 years of marriage. The post notes that the couple are both Canadians, but were married in California and will be obtaining a divorce in California. Is it important that they were born in Canada?

So long as both parties are in the United States legally, under Pennsylvania law, so long as at least one of the parties was a resident of Pennsylvania for at least 6 months before the filing of the divorce complaint, the divorce action can take place in Pennsylvania. Note that the place of birth of the parties, the citizenship of the parties, and the place of marriage is not relevant to whether two people can be divorced in Pennsylvania. So long as at least one of the spouses has resided in Pennsylvania for the required period of time, they can be divorced in Pennsylvania. The residency requirement gives the Court subject matter jurisdiction over the divorce and personal jurisdiction over one of the parties.

Once a Court in Pennsylvania has subject matter jurisdiction, it is important to make sure that the particular county is the appropriate venue for the divorce case. As mentioned previously with Jon and Kate Gosselin, the parties can agree in writing that the divorce case will take place in a particular county. Otherwise, the case should be brought in the county in which the plaintiff (the person who filed for divorce) resides, in the county in which the defendant (the other spouse) resides.

For the amateur lawyers, law students, people who are just curious, the venue requirements are determined by a Rule of Civil Procedure. The statutory provision regarding venue has been formally suspended by a Rule of Civil Procedure. The Rules are promulgated, or established, by the Pennsylvania Supreme Court, while the statute is enacted by the Legislature. When it comes to the authority of the Courts, the Rules always take precedence over any statute.